Bennett v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew Bay Bennett, individually and as administrator with the alleged will annexed of Eliza J. B ennett deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 6th day of June, 1899, upon the special verdict of a jury adjudging that the will described in the complaint was not the last will and testament of the decedent, and also from an order entered in said clerk’s…
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Appeal by the defendant, Andrew Bay Bennett, individually and as administrator with the alleged will annexed of Eliza J. B ennett deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 6th day of June, 1899, upon the special verdict of a jury adjudging that the will described in the complaint was not the last will and testament of the decedent, and also from an order entered in said clerk’s office on the 17th day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action was brought under section 2653a of the Code of Civil Procedure by a son of the testatrix to have the probate of her will determined invalid.
The will was made and bears date May 12, 1896. The testatrix died on the 10th day of September, 1897, and the will was admitted to probate on December 1, 1897. The decedent left three sons, Madison B., the plaintiff, Andrew Bay, the appellant, and Ellsworth. She owned property of the value of about $5,000, consisting of a farm of 110 acres, the homestead on which she resided, and personal property, all of which, after the payment…
2Cases cited10 opinions
- Baird v. BairdNew York Court of Appeals · 1895
- Jackson v. StackhouseNew York Supreme Court · 1823
- O'Brien v. . WeilerNew York Court of Appeals · 1893
- Smith v. . CrossNew York Court of Appeals · 1882
- Comstock v. SmithNew York Supreme Court · 1810
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3Cited by5 opinions
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924
- In re the Last Will & Testament of FitzgeraldNew York Surrogate's Court · 1900
- In re Proving the Last Will & Testament of KleinNew York Surrogate's Court · 1922
- In re the Probate of the Will of AievoliAppellate Division of the Supreme Court of the State of New York · 1947