In Re the Probate of the Will of O'Neil
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made May 2,1882, which- reversed a decree of the surrogate of the county of Essex, admitting to probate an instrument purporting to be the will of James O’DTeil deceased, and refused probate.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made May 2,1882, which- reversed a decree of the surrogate of the county of Essex, admitting to probate an instrument purporting to be the will of James O’DTeil deceased, and refused probate. (Reported below, 27 Hun, 130.) In drawings the instrument in question, a printed blank was used, folded in the middle, like an ordinary sheet of legal cap; at the top of the first page was a printed heading; the rest of that page, the whole of the second page and part of the third page…
1Opinion of the Court
Roger, Ch. J.
The matter in controversy arises between some of the heirs at law and the executors, over the alleged improper execution of what purports to be the will of James O’Neil.
The instrument was drawn upon a printed blank, consisting of four pages, the formal commencement being printed on the first page and the formal termination, also printed, appearing at the foot of the third page, and the intermediate space being originally left blank for the insertion of such special provisions as the testator might desire to make. When presented for probate the entire blank space was filled in,…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Tonnele v. . HallNew York Court of Appeals · 1850
- Reed v. EvansOhio Supreme Court · 1848
3Cited by73 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- Noyes v. GerardMontana Supreme Court · 1910
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
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