Legal Opinion

Colligan v. McKernan

New York Surrogate's Court

Decided April 15, 1884PublishedCited by 1 opinion

Application, made by Eliza McKernan, decedent’s sister, for the probate of his will; opposed by Bernard Colligan and others, decedent’s brothers. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

An instrument purporting to be the will of this decedent and bearing date February 18th, 1867, was lately propounded for probate in this court. Its due execution has been satisfactorily proved, and the evidence leaves no room for doubting the testamentary capacity of its maker, and his freedom from undue influence and restraint. But its admission to probate is opposed upon the ground that its provisions *423were revoked by a later will, which, the testator is claimed to have executed in the year 1868. Such later will has not been produced before the Surrogate. A fruitless search has…

2Cases cited12 opinions

  1. Dan v. BrownNew York Supreme Court · 1825
  2. Nelson v. McGiffertNew York Court of Chancery · 1848
  3. Dickey v. MalechiSupreme Court of Missouri · 1839
  4. Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
  5. Harris v. . HarrisNew York Court of Appeals · 1863

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3Cited by1 opinion

  1. Estate of Johnson, Superior Court of California, County of San Francisco1903

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