Paxton v. Brogan
New York Supreme Court
Appeal from special term, New York county. Action by Daniel Paxton and James B. Hackett, individually and as executors of John Patterson, deceased, against George W. Patterson, Eliza Brogan, and others. Defendant Brogan demurred to the complaint. Plaintiff appeals from an interlocutory judgment sustaining the demurrer. For that opinion, see 10 N. Y. Supp. 303. For proceedings in surrogate’s court, see 8 N. Y. Supp. 872.
1Opinion of the CourtDaniels, J.
John Patterson, at the time of his decease, left two instruments executed as his last wills. The first is dated on the 18th of April, 1888, and the last on the following day. The first has been admitted to probate by the surrogate of the county of New York, and letters testamentary issued to the plaintiffs, who are the executors named in that-will. The second has been presented for probate by the defendant George W. Patterson, one of the executors named therein, and he has also applied for the revocation of the probate of the preceding instrument. This action has been brought to restrain…
2Cases cited1 opinion
- In re Soule's WillNew York Surrogate's Court · 1888
3Cited by1 opinion
- Dodd v. AndersonNew York Supreme Court · 1908