Chaffee v. Baptist Missionary Convention
New York Court of Chancery
This was an appeal from the decision of the circuit judge of the seventh circuit, reversing the sentence or decree of the surrogate of the county of Onondaga against the validity of a paper propounded as the will of Hannah' Chandler deceased.
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This was an appeal from the decision of the circuit judge of the seventh circuit, reversing the sentence or decree of the surrogate of the county of Onondaga against the validity of a paper propounded as the will of Hannah' Chandler deceased. The instrument propounded was without date, but from the testimony of one of the witnesses it must have been made about three or four years before it was offered for probate in 1841. It purported to have been signed with the name of the testatrix, and sealed j it had, in addition, an attestation clause, by which the subscribing witnesses were made to…
1Opinion of the Court
The Chancellor.
The return in this case is very imperfect, as it does not state who propounded the will before the surrogate, when the proceedings to prove it were instituted j who were ascertained by him to be the next of kin of the decedent, and which of them, if any, were infants, or were cited to attend upon the proving of the will; or who did in fact attend and litigate the will before him. All this should have appeared upon the return, to enable the circuit judge to know who were the proper persons to be made parties to the appeal to him. (Laws of 1837, p. 525, § 5 to 10.) The appellants…
2Cases cited1 opinion
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
3Cited by71 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Lewis v. . LewisNew York Court of Appeals · 1854
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