Legal Opinion
Cooper v. Benedict
New York Surrogate's Court
Decided July 15, 1884PublishedCited by 2 opinions
Application by Tunis B. Cooper and Allen B. Cooper, sons of decedent, for a decree revoking the probate of his will; opposed by Eliza Cooper, widow and executrix, and Eli Benedict, executor thereof. The facts are stated in the opinion. '
1Opinion of the Court
The Surrogate.
“Before admitting a will to probate,” says § 2622 of the Code of Civil Procedure, “the Surrogate must inquire particularly into all the facts and circumstances, and must be satisfied of the genuineness of the will and the validity of its execution.” The enactment of this • statute has given a new sanction to a principle which has been frequently asserted *137by our courts, and which, in Delafield v. Parish (25 N. Y., 34), is thus enunciated :
“In all cases the party propounding the will is bound to prove to the satisfaction of the court that the paper in question declares the will of…
2Cases cited1 opinion
- Collier v. Idley's ExecutorsNew York Surrogate's Court · 1849
3Cited by2 opinions
- In re Gedney's WildNew York Surrogate's Court · 1913
- In re Liddington's WillNew York Supreme Court · 1889