Wetmore v. Carryl
New York Surrogate's Court
Petition by Alethea R. Wetmore, a legatee, to rectify the record of the will of decedent, which was admitted to probate February 16, 1881; opposed by Charles E. Carryl and George C. Wetmore, executors. Further facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The testator, by the first clause of his will, gave a legacy to each of two granddaughters, Edith and Alethea. The amount of that legacy, as the same now appears on the face of the instrument, is $2,000. It is discovered, however, upon inspection, and is indeed an admitted fact, that, by the will as it was originally written, the bequest was fixed at $5,000, instead of at $2,000. According to the uncontradicted testimony of Mr. George C. Wetmore, this change, which will presently be described in detail, was made by the decedent himself, and in his own handwriting. The question…
2Cases cited4 opinions
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smith v. McGowanNew York Supreme Court · 1848
- In re PrescottNew York Surrogate's Court · 1879
- Van Buren v. CockburnNew York Supreme Court · 1852
3Cited by7 opinions
- In re the Estate of TremainNew York Surrogate's Court · 1938
- In re Carver's WillNew York Surrogate's Court · 1893
- In re Proving the Last Will & Testament of EastonNew York Surrogate's Court · 1914
- In re the Probate of the Will of WillenborgNew York Surrogate's Court · 1958
- In re VoorheesNew York Surrogate's Court · 1888
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