Raught v. Weed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Roland Jones Shankland Marsh and others, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 6th day of May, 1915, as revokes the probate of a last will and testament and adjudges the same-to be invalid, and also from an order entered in said clerk’s office on the 5th day of May, 1915, denying appellants’ motion for a new trial…
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Appeal by the defendants, Roland Jones Shankland Marsh and others, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 6th day of May, 1915, as revokes the probate of a last will and testament and adjudges the same-to be invalid, and also from an order entered in said clerk’s office on the 5th day of May, 1915, denying appellants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
This is an action brought under section 2653a of the Code of Civil Procedure to revoke the probate of the last will and testament of Roland D. Jones, which was admitted to probate by the Surrogate’s Court, county of New York, October 29, 1913, upon the petition of the plaintiff herein, who was the sister and the sole living adult next of kin of the decedent. The will was entirely in the handwriting of the decedent, and is as follows:
“ Hotel Roland,
‘ Fifty-ninth Street,
“Between Madison and Park Avenues,
“New York, June 25, 1907.
“Be it remembered, that I, Roland D. Jones, of the City…
2Cases cited5 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- Wyman v. WymanAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Will of IovinellaAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Canton Bridge Co. v. Board of Town Auditors of HoriconAppellate Division of the Supreme Court of the State of New York · 1909