In re the application to revoke the probate of the will of Stewart
New York Surrogate's Court
Application for the revocation of the probate of the will of Cornelia M. Stewart. Cornelia M. Stewart, the widow of the late A. T. Stewart, died in the month of October, 1886, having executed in her lifetime a will and certain codicils, which were propounded for probate as her last will and testament, by Henry Hilton, one of the executors therein named, before the Surrogate of the County of New York.
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Application for the revocation of the probate of the will of Cornelia M. Stewart. Cornelia M. Stewart, the widow of the late A. T. Stewart, died in the month of October, 1886, having executed in her lifetime a will and certain codicils, which were propounded for probate as her last will and testament, by Henry Hilton, one of the executors therein named, before the Surrogate of the County of New York. Upon such proceedings the will and codicils were admitted to probate without any contest, November 13, 1886. By the will and codicils the estate of the deceased was divided as follows:—Several…
1Opinion of the Court
The Surrogate.
The importance of the question which must be decided now and which has been so ably argued on both sides, with the extraordinary and unusual amount of industry which has been employed by both sides in attempts to ascertain the true rule which governs the rights of the parties here, can hardly be magnified, because it reaches beyond the mere question of evidence—is whether Mrs. Wetherell shall be held qualified, or not, as a mere matter of evidence. It not only has been said by her distinguished counsel, but it is obvious to me, that it may be quite material to her. I have not…
2Cases cited3 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- Shivers v. GoarSupreme Court of Georgia · 1870
- Woodward v. JamesNew York Supreme Court · 1885
3Cited by1 opinion
- In re the Estate of BarandonNew York Surrogate's Court · 1903