Whitbeck v. Patterson
New York Supreme Court
ÁN application was made to the surrogate by Whitbeck, executor, and others, legatees, to prove the will of William Patterson. Orrin Patterson, the respondent, contested its validity, and the surrogate, refused to admit it to probate. The applicants appealed to the supreme court, and that court reversed the decision of the surrogate, directed the will to be admitted to probate, and ordered the costs of the contestant to be paid out of the estate. These costs were paid.
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ÁN application was made to the surrogate by Whitbeck, executor, and others, legatees, to prove the will of William Patterson. Orrin Patterson, the respondent, contested its validity, and the surrogate, refused to admit it to probate. The applicants appealed to the supreme court, and that court reversed the decision of the surrogate, directed the will to be admitted to probate, and ordered the costs of the contestant to be paid out of the estate. These costs were paid. Subsequently the contestants appealed from the decision of the supreme court to the court of appeals. That court reversed the…
1Opinion of the CourtBy the Court. T. B. Strong, J.
The revised statutes provided for appeals to the circuit judge of the circuit, from decisions of surrogates, either admitting, or refusing to admit, a will to record or probate, and prescribed the powers and duties of the circuit judge on the appeals. (2 R. S. 66, §§ 55 to 62 inclusive, 608 ; §§ 90 to 99 inclusive.) Provision was also made by them for an appeal to the court of chancery, from the decision of the circuit judge in certain cases. (Ib. 609, § 100.) The powers of the circuit judge in respect to awarding costs, were particularly defined, and did not extend to all cases; but the…
2Cases cited2 opinions
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
- Mead v. MeadNew York Supreme Court · 1852
3Cited by2 opinions
- In re the Probate of the Last Will & Testament of de HaasNew York Surrogate's Court · 1898
- In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911