Legal Opinion

In re Proving the Last Will & Testament of Campbell

New York Surrogate's Court

Decided July 15, 1901PublishedCited by 3 opinions

The proceeding was commenced on the 21st day of January, 1901, by the filing of a petition with the surrogate of Albany county, for the probate of an instrument bearing date July 6, 1897, and a codicil thereto bearing date December 7, 1900, as the last will and testament of said Ellen Campbell, all the heirs-at-law and next of kin of said deceased having waived the issuance and service of a citation therein.

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The proceeding was commenced on the 21st day of January, 1901, by the filing of a petition with the surrogate of Albany county, for the probate of an instrument bearing date July 6, 1897, and a codicil thereto bearing date December 7, 1900, as the last will and testament of said Ellen Campbell, all the heirs-at-law and next of kin of said deceased having waived the issuance and service of a citation therein. On the 1st day of February, 1901, an order was granted by the surrogate of Albaany county that a citation issue to the Albany Art & Historical Society and the Home for Aged men,…

1Opinion of the Court

Eitts, S.—

The testatrix died at the city of Albany, N. Y., on the 11th day of December, 1900. The petitioners herein presented for probate a paper alleged by them to be her last will and testament, bearing date the 6th day of July, 1897, together with a codicil thereto executed on the 7th day of December, 1900, four days before her death. After taking the depositions of the subscribing witnesses to the paper executed in 1897 and the codicil thereto, and before the entry of the decree admitting the will to probate, the petitioners filed in this court another paper purporting to have been…

2Cases cited2 opinions

  1. Brown v. . ClarkNew York Court of Appeals · 1879
  2. In re Probate of the Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. In re the Probate of the Will of FouldsNew York Surrogate's Court · 1960
  2. In re the Probate of the Will of MercerNew York Surrogate's Court · 1955
  3. In re the Will of Van IngenNew York Surrogate's Court · 1944

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