In re the Probate of the Last Will & Testament of Evans
Appellate Division of the Supreme Court of the State of New York
Appeal by Richard J. Evans from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 10th day of July, 1905, admitting to probate a certain paper propounded as the last will and testament of Anna Evans, deceased.
1Opinion of the Court
Jenks, J.:
The sole question is not whether Mrs. Evans made a valid will but whether she left one. The learned surrogate found that in 1905, prior to her death, she directed her brother (who had a contingent interest under the will and was the sole executor) to produce *374the will- made in 1897 before her and to destroy it, that She asked him if lie had destroyed it, and that he answered that he had done so. If the will had been revoked, the brother would not have been benefited through her intestacy. The statute dealing with revocation'is plain (2 E. S. 64, § 42). It specifies the acts which may…
2Cases cited3 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by17 opinions
- Latham v. Father DivineNew York Court of Appeals · 1949
- In Re Proving the Will of McGillNew York Court of Appeals · 1920
- In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
- In re the Accounting of SussdorffNew York Surrogate's Court · 1943
- In re the Estate of TremainNew York Surrogate's Court · 1938
12 more not listed; retrieve them via the Exa API.