In re Law
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, New York county. Application by William W. Law for the probate of the will of John S. Law, deceased. From a surrogate’s decree dismissing the proceeding, petitioner appeals. See 67 N. Y. Supp. 857. John S. Law died on the 25th day of August, 1893, at Greenwich, in the state of Connecticut, leaving a last will and testament, which related to both real and personal property.
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Appeal from surrogate’s court, New York county. Application by William W. Law for the probate of the will of John S. Law, deceased. From a surrogate’s decree dismissing the proceeding, petitioner appeals. See 67 N. Y. Supp. 857. John S. Law died on the 25th day of August, 1893, at Greenwich, in the state of Connecticut, leaving a last will and testament, which related to both real and personal property. After the decease of the testator, his widow presented a petition for the probate of his will to the probate court in the state of Connecticut, where the will was admitted to probate as the…
1Opinion of the CourtHatch, J.
It is not essential to a disposition of this case that we follow the argument of the learned counsel for the appellant in his discussion of the probate jurisdiction conferred upon the surrogate by the several provisions of the Code of Civil Procedure, or of the authorities bearing thereon, both before and since their enactment. No useful purpose would be served by so doing. The question as to whether the will of an inhabitant of this state, made and executed herein, can be admitted to probate by the surrogate without the production of the will itself, is settled by decisive authority. In…
2Cases cited3 opinions
- Younger v. . DuffieNew York Court of Appeals · 1884
- Russell v. . HarttNew York Court of Appeals · 1881
- In re Cameron's EstateAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- In Re Estate of ClarkCalifornia Supreme Court · 1905
- Thorburn v. GatesDistrict Court, S.D. New York · 1916