Woolley v. . Woolley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a. decree of the surrogate of the county of Queens, admitting to probate an alleged codicil to the will of Margaretta Woolley, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a. decree of the surrogate of the county of Queens, admitting to probate an alleged codicil to the will of Margaretta Woolley, deceased. The material facts are stated in the opinion. It was the duty of the testator at the time of subscribing or acknowledging his subscription to declare the instrument so subscribed to be his last will and testament, (2 R. S. 63, § 40; Gilbert v. Knox, 52 N. Y. 128; Mitchell v. Mitchell, 16 Hun, 97; 77…
1Opinion of the CourtEarl, J.
Margaretta Woolley died in June, 1879, leaving a will dated March 1,1878, and a paper purporting to be a codicil thereto, dated October 21, of the same year. The executor named in the will presented both papers to the surrogate for probate, and the hearing before him was had in November, 1879. Proof of the will was not contested; but the executor contested the proof of the alleged codicil. The surrogate admitted both papers to probate as the will of the decedent; and his decree was upon appeal by the executor to the General Term of. the Supreme Court affirmed, and the executor then appealed…
2Cases cited2 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- Mitchell v. . MitchellNew York Court of Appeals · 1879
3Cited by27 opinions
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- Harley v. WilliamsMontana Supreme Court · 1915
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Will of PulvermacherNew York Court of Appeals · 1953
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