In Re the Probate of the Last Will & Testament of Cottrell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December é, 1883, which affirmed a decree of the surrogate of the county of Rensselaer, admitting to probate the will of Samuel Cottrell, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December é, 1883, which affirmed a decree of the surrogate of the county of Rensselaer, admitting to probate the will of Samuel Cottrell, deceased. The material facts are stated in the opinion. The statute requires that a will to be properly executed must be signed by the testator at the end; such signature must be made or acknowledged in the presence of two witnesses; the testator must declare in the presence of - the witnesses that the instrument is his will, and it…
1Opinion of the Court
Ruger, Ch. J.
In reviewing questions arising on appeals from Surrogates’ Courts in cases commenced therein previous to September 1, 1880, when the last seven chapters of the Code of Civil Procedure went into effect, we are precluded by section 1337 of that Code from re-examining the conclusions of fact reached by the court below, except in cases where the Supreme Court has reversed their judgments upon such questions, and so certify in their order of reversal. (See § 1338.)
Previous to the adoption of that section appeals from the decrees of surrogates, brought up for review by the appellate…
2Cases cited8 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- Orser v. . OrserNew York Court of Appeals · 1861
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Rugg v. . RuggNew York Court of Appeals · 1881
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3Cited by105 opinions
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
- Miller v. BushMontana Supreme Court · 1908
- Gould v. Chicago Theological SeminaryIllinois Supreme Court · 1901
100 more not listed; retrieve them via the Exa API.