In re the Probate of the Last Will & Testament of Carey
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Susan E. Hadcox, from a decree of the Surrogate’s Court of the county of Oneida, entered in said Surrogate’s Court on the 12th day of December, 1895, upon the decision of the court admitting to probate the alleged will of James A. Carey, deceased.
1Opinion of the Court
Green, J.:
Proceedings for the probate of the will were instituted before Surrogate Bright. Many witnesses were sworn on behalf of proponent and contestant, and the evidence was closed and the case submitted to him for final decision; but before any decision was rendered the surrogate died. The matter was then brought before his successor, who ruled that he was empowered to take up the proceedings where they were left by the deceased surrogate, and gave both parties the right to produce additional and explanatory evidence. Contestant objected to the reception of the evidence previously taken,…
2Cases cited8 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Lane v. . LaneNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of PepoonNew York Court of Appeals · 1883
- Draper v. Day & OrvisNew York Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Company A, First Regiment North Dakota National Guard Training School v. StateNorth Dakota Supreme Court · 1927
- Buda v. StateAppellate Division of the Supreme Court of the State of New York · 1951
- In re the Estate of RomaniwNew York Surrogate's Court · 1937
- In re the Last Will & Testament of FitzgeraldNew York Surrogate's Court · 1900
- In re the Proceedings for the Probate of the Will of JohnsonNew York Surrogate's Court · 1899
13 more not listed; retrieve them via the Exa API.