Legal Opinion

In re Proving the Last Will & Testament of Horton

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1914PublishedCited by 4 opinions

Appeal by the contestant, Alice M. Horton, from a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said surrogate on the 12th day of January, 1914, admitting to probate the paper propounded as and for the last will and testament of George W. Horton, deceased.

1Opinion of the Court

Jenks, P. J.:

When Jane Dickie, as executor, offered the will of Horton for probate in the county of Westchester, showing that Horton left realty and personalty in said county and alleging that he was a resident therein, Alice Horton, who was cited as wife, appeared, objected to the probate and answered that she and Horton had intermarried in 1912; that the will offered was not the last will • of Horton, forasmuch as it was made in 1902 and he had made another will in 1913. She set forth a copy of the latter and of its attestation clause. And she answered further that Horton when he died was a…

2Cases cited2 opinions

  1. Russell v. . HarttNew York Court of Appeals · 1881
  2. Spratt v. SymsAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by4 opinions

  1. Lillard v. TolliverTennessee Supreme Court · 1926
  2. In re Horton's WillAppellate Division of the Supreme Court of the State of New York · 1914
  3. In re Horton's WillAppellate Division of the Supreme Court of the State of New York · 1914
  4. Lillard v. TolliverTennessee Supreme Court · 1926

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