Bailey v. Stewart
New York Surrogate's Court
This proceeding was instituted upon an order to show cause why the pretended probate of the instrument propounded as the last will and testament of •Alexander Turney Stewart, deceased, as a will of real and personal estate, and the apparent decision thereon, should not be adjudged void, revoked, vacated, and set aside.
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This proceeding was instituted upon an order to show cause why the pretended probate of the instrument propounded as the last will and testament of •Alexander Turney Stewart, deceased, as a will of real and personal estate, and the apparent decision thereon, should not be adjudged void, revoked, vacated, and set aside. The order to show cause was based upon the petition of James Bailey, in his own right, and on behalf of the other collateral relatives of said Stewart named in the petition. The petition alleged that the petitioner and others named therein, were collateral relatives of the full…
1Opinion of the Court
The Surrogate.
The counsel for the executors and executrix in their argument of this motion have discussed with great earnestness the force and effect of the facts set forth in the respective answers and affidavits presented in their behalf, and urged the improbability of the alleged undue influence upon the testator by Mr. Hilton, and by others unknown ; but it is clear to my *221mind, that this motion to dismiss, must be considered upon the assumption that the allegations contained in the petition are true, and no benefit can be derived to the parties making the motion, from the facts alleged by…
2Cases cited18 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Brookman v. . HamillNew York Court of Appeals · 1871
- Parks v. ParksNew York Court of Chancery · 1841
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3Cited by5 opinions
- Hunt v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Samson v. SamsonCalifornia Supreme Court · 1883
- In re the Estate of OwenNew York Surrogate's Court · 1932
- In re the Estate of SandersonNew York Surrogate's Court · 1935
- In re Proving the Last Will & Testament of MarxNew York Surrogate's Court · 1919