Scott v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edith M. Barker, individually and as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 31st day of March, 1908, upon the verdict of a jury, adjudging that a paper writing purporting to be the last will and testament of George A. Barker, deceased, theretofore admitted to probate by the Surrogate’s Court, was not the last will and testament of said…
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Appeal by the defendant, Edith M. Barker, individually and as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 31st day of March, 1908, upon the verdict of a jury, adjudging that a paper writing purporting to be the last will and testament of George A. Barker, deceased, theretofore admitted to probate by the Surrogate’s Court, was not the last will and testament of said Barker; also from said judgment as modified by awarding costs and an allowance to the plaintiffs, and (as stated in the…
1Opinion of the Court
Clarke, J. :
The plaintiffs, the daughters of George A. Barker, deceased, brought this action under section 2653a of the Code of Civil Procedure to test the validity of a paper dated October é, 1906, and admitted to prpbato by the decree of the surrogate of the county of Mew York on the 25th of March, 1907, as the last will and testament of George A. Barker, deceased.
The will is short and simple. After directing the payment of debts, funeral and testamentary expenses, it provides as follows: “ I give, devise and bequeath unto my wife Edith M. Barker all my property and estate of every name,…
2Cases cited8 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Marx v. . McGlynnNew York Court of Appeals · 1882
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- Stringer v. . YoungNew York Court of Appeals · 1908
- Hagan v. . SoneNew York Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Falabella's WillNew York Surrogate's Court · 1913
- Ransom v. RansomAppellate Division of the Supreme Court of the State of New York · 1911
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
- Klein v. BurlesonAppellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.