In re the Probate of the Last Will & Testament of Hopkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Robert E. Hopkins, Jr., an infant, by his special guardian, from a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court outlie 17th day of August, 1901, admitting to probate a certain paper propounded as the last will and testament of Robert E. Hopkins, deceased.
1Dissent
Woodward, J. (dissenting):
I dissent because I think the learned surrogate, after receiving much objectionable testimony, arrived at a determination not warranted by the evidence properly before him. He has admitted to probate a certain writing purporting to be the last will and testament of Robert E. Hopkins, deceased, but it is claimed that the testator himself revoked the will by one of the methods mentioned in the Revised Statutes (Vol. II [9th ed.], 1878, § 42), to wit, by can*572celing. When, after the death of the testator, the will was found, it was in a drawer in the testator’s office…
2Cases cited10 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Dan v. BrownNew York Supreme Court · 1825
- Knapp v. . KnappNew York Court of Appeals · 1851
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