In re the Probate of the Last Will & Testament of Fitzsimmons
New York Surrogate's Court
Proceedings upon probate of a will. The principal question herein was the validity of one of the bequests contained in said will.
1Opinion of the Court
Varnum, S.
This matter was left undisposed of by Surrogate Arnold, and, after being reargued, has been submitted to me for decision. The proofs which have been submitted as to the execution of the will of the decedent are sufficient to- entitle it to be admitted to probate. A question has been raised, however, as to the validity of one of the bequests contained in the will, which question I shall now proceed to consider. The testator gave his estate, both real and personal, to his executor in trust for the benefit of his wife during her life, and upon her death he directed his residuary…
2Cases cited10 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holmes v. . MeadNew York Court of Appeals · 1873
- Dammert v. . OsbornNew York Court of Appeals · 1893
- Prichard v. . ThompsonNew York Court of Appeals · 1884
- Allen v. StevensAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- In re the Estate of FitzsimmonsNew York Surrogate's Court · 1899