In Re the Probate of the Last Will & Testament of Laudy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1898, affirming an order and judgment of the Supreme Court and a decree of the surrogate of the county of New York, and dismissing an appeal from an order made at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1898, affirming an order and judgment of the Supreme Court and a decree of the surrogate of the county of New York, and dismissing an appeal from an order made at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The exhibition of a will and the testator’s signature attached thereto, and his declaration to the witnesses that it is his last will and testament, and his request .to the witnesses to attest the same, are a…
1Opinion of the CourtVann, J.
This case has a long and varied history. It had its origin in a proceeding before the surrogate of the county ofs27ew York to admit to probate an instrument purporting to be the last will and testament of Kate L. Laudy, deceased. ' The effort to prove the will was resisted, and resulted in a decree that said instrument was not attested and executed in the manner prescribed by law. Upon appeal to the General Term this decree was reversed and the Surrogate’s Court was directed to admit the will to probate. (In re Laudy, 78 Hun, 479.) An appeal was taken from the judgment of the General Term to…
2Cases cited5 opinions
- Roberts v. CooperSupreme Court of the United States · 1858
- Younger v. . DuffieNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
- In re Laudy's WillNew York Supreme Court · 1894
- In re for Probate of a Paper Propounded as the Last Will and Testament of LaudyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by24 opinions
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- Gohman v. City of St. BernardOhio Supreme Court · 1924
- Montrose v. BaggottAppellate Division of the Supreme Court of the State of New York · 1914
- Malnati v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1938
- In re Nussbaum's EstateNew York Surrogate's Court · 1913
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