Legal Opinion

In Re Revocation of Ancillary Letters Testamentary of the Estate of Newcomb

New York Court of Appeals

Decided May 19, 1908PublishedCited by 302 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1907, which affirmed a decree of the New York County Surrogate’s Court dismissing an application for the revocation of ancillary letters testamentary.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1907, which affirmed a decree of the New York County Surrogate’s Court dismissing an application for the revocation of ancillary letters testamentary. Josephine Louise Newcomb died in the city of New York on the 7th of April, 1901, at the age of eighty-five, leaving an estate worth more than $2,000,000 and an instrument purporting to he her holographic will, executed at the city of New Orleans on the 12th of May, 1898, of which the material part is as follows: “First. I…

1Opinion of the CourtVann, J.

While the rule of unanimous affirmance prevents US from reviewing the evidence, a more complete statement of the leading facts found by the surrogate, in passing upon the requests presented by the parties, is necessary in order to properly discuss the rulings relating to evidence which it is our duty to review.

The decedent, Josephine Louise Newcomb, was born on the third of October, 1816, in the city of Baltimore, where her parents resided. She was of French extraction on the part of her father and English on the part of her mother. She was partially educated in Baltimore where she resided…

2Cases cited3 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. The Venus, Rae, MasterSupreme Court of the United States · 1814
  3. McConnell v. KelleyMassachusetts Supreme Judicial Court · 1885

3Cited by302 opinions

  1. TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
  2. Martin Katz and Louana Katz v. The Goodyear Tire and Rubber CompanyCourt of Appeals for the Second Circuit · 1984
  3. Glenn Weible and Patricia Weible v. United StatesCourt of Appeals for the Ninth Circuit · 1957
  4. Rubin v. Irving Trust Co.New York Court of Appeals · 1953
  5. Antone v. General Motors Corp.New York Court of Appeals · 1984

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