Reports of Cases Argued and Determined in the Surrogate's Court of the County of New-York, Volum 3J.S. Voorhies, 1856 |
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Abner Taylor administratrix alleged appears attestation bequeath brother Brush CARROLL child circumstances claim claimant clause codicil common law Connecticut contestants contract court Court of Chancery coverture creditors DARLEY daughter death debts dece deceased decedent decedent's declaration devise died directed disposition distribution dollars domicil effect Elizabeth Parker entitled evidence executed executor fact father favor Ferrié GEISENHAINER gift heirs Hill husband instrument intention interest intestate issue Jacob John legacy legatee lex domicilii living marriage married ment mind MOOTRIE mother Norton paper parties payment personal estate PHYFE PORCELLA present presumption probate proof proved provisions PUBLIC ADMINISTRATOR question real estate reason relation rent request residence residuary residuary estate respect revocation revoked rule says share SHERWOOD signed sisters statute statute of distributions subscribing witnesses Surrogate SURROGATE.-The testament testamentary testator's testifies testimony tion transaction trust valid vested widow wife words York
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Side 46 - No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Side 525 - This controversy relates to the validity and effect of the seventh clause of his will, which is as follows : "I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal...
Side 328 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Side 60 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Side 98 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Side 74 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Side 350 - ... at the time of making the will, and at the time of the death of the testator, and during the intermediate period, (if there be any change,) so that the elements of a full decision may be finally brought before the court.
Side 124 - The question is, not what the testator had in his contemplation when he made his codicil, but what the words he has used will embrace, according to their ordinary signification, which must prevail, unless qualified by other expressions in the instrument.
Side 98 - ... 2. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction.
Side 202 - ... such child and his descendants shall be excluded from any share in the distribution of such surplus.