Crossman v. Crossman
New York Surrogate's Court
Heuby Cbossmah died January 7th, 1881, leaving a will executed in duplicate November 29th, 1879, which was admitted to probate January 28th, 1881, and letters testamentary were issued thereunder to Henry C. Cross-man and others. The instrument produced and recorded was endorsed: “Last will and testament of Henry Crossman. Done in duplicate.”
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Heuby Cbossmah died January 7th, 1881, leaving a will executed in duplicate November 29th, 1879, which was admitted to probate January 28th, 1881, and letters testamentary were issued thereunder to Henry C. Cross-man and others. The instrument produced and recorded was endorsed: “Last will and testament of Henry Crossman. Done in duplicate.” On January 13th, 1882, a petition was filed by William H. Crossman, a nephew of decedent, and others, praying for revocation of the probate. Further facts are stated in the opinion of Surrogate Livingston, which was filed November 15th, 1882.
1Opinion of the Court
Livingston, Surr.
This is an application, under §§ 2647-2653 of the Code, to revoke the probate of the •will of Henry Crossman, deceased.
The will was executed in duplicate, but only one of the duplicate parts was produced and proved on the probate, and no mention was then made of the other part, nor did it then appear that the will had been executed in duplicate. That fact was first made apparent on this proceeding by the testimony of Mr. Zener, one of the subscribing witnesses, and the duplicate part of the will not produced on the probate was admitted in evidence in this proceeding for the…
2Cases cited3 opinions
- Bailey v. TaylorSupreme Court of Connecticut · 1836
- In re the Probate of Two Papers Propounded as the Last Will & Testament of FormanNew York Supreme Court · 1869
- Morrell v. DennisonNew York Supreme Court · 1859