Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 23New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1867 |
From inside the book
Results 1-5 of 55
Page 9
... witnesses , in the presence and hearing of the other , whose attendance was by the testator's procurement , asked the testator , " do you request me to sign this [ the paper lying before them ] as your will , as a witness ? " and the ...
... witnesses , in the presence and hearing of the other , whose attendance was by the testator's procurement , asked the testator , " do you request me to sign this [ the paper lying before them ] as your will , as a witness ? " and the ...
Page 10
... witness on the part of the proponents . The decree of the Surrogate , refusing probate , declared that the will was not published or attested according to the statute , and that it was obtained by fraud and undue influence . After ...
... witness on the part of the proponents . The decree of the Surrogate , refusing probate , declared that the will was not published or attested according to the statute , and that it was obtained by fraud and undue influence . After ...
Page 11
... witnesses were two persons engaged in doing some mechanical work for the testator , and whose presence on that day , so far as we know , was procured by himself . In all these circumstances we see no evidence of coercion or fraud , or ...
... witnesses were two persons engaged in doing some mechanical work for the testator , and whose presence on that day , so far as we know , was procured by himself . In all these circumstances we see no evidence of coercion or fraud , or ...
Page 14
... witnesses and of the draftsman , Mr. Coffin . According to the testimony of the lat- ter , there can be no doubt . He has ... witness deposed may not unreasonably be referred to their want of attention or of memory . They were called to ...
... witnesses and of the draftsman , Mr. Coffin . According to the testimony of the lat- ter , there can be no doubt . He has ... witness deposed may not unreasonably be referred to their want of attention or of memory . They were called to ...
Page 15
... witnesses , one of them asked the testator if he wished him to sign or witness the paper as his will ; to which the testator answered in the affirmative . As both the witnesses were present , this was a good publication as to both of ...
... witnesses , one of them asked the testator if he wished him to sign or witness the paper as his will ; to which the testator answered in the affirmative . As both the witnesses were present , this was a good publication as to both of ...
Contents
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Common terms and phrases
43 Elizabeth according action affirmed amount Anson G appeal apply appointed assent assessed authority bank bequest bonds Cattaraugus reservation Caujolle Cayuga county Chancery charity cited claimed clause Commissioners of Taxes common law contract corporation Court of Chancery creditors death debt debtor deceased declared defendant devise domicil effect entitled evidence executed executors exempt fact Ferrié fund Girons granted held indorser intended interest intestate Jeanne judge judgment jurisdiction jury land legislature liable marriage ment mortgage opinion Panama Railroad Company parties payable payment personal estate Pinner plaintiff possession principle proceedings provisions purchase purpose question Railroad Company real estate referred resident respect respondent rule says Seneca Nation SMITH.-VOL Supreme Court taxation term testator's tion town Town of Genoa Town of Sterling trial trust usury Valentin valid void wife witness York York Central Railroad
Popular passages
Page 485 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 228 - The general doctrine is not controverted, that although movables are for many purposes to be deemed to have no situs, except that of the domicile of the owner, yet this being but a legal fiction it yields whenever it is necessary, for the purpose of justice, that the actual situs of the thing should be examined.
Page 204 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Page 14 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is, at most, a suspicious circumstance of more or less weight, according to the facts of each particular case...
Page 441 - ... bearing a rate of interest not exceeding seven per cent per annum, payable semiannually, which bonds shall be substantially in the following form : No.
Page 467 - March 3, 1818 (Revision, p. 294), which permits a recovery by the personal representatives of the decedent, for the benefit of the widow and next of kin, of the pecuniary loss resulting to them from such death.
Page 150 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 403 - The universal doctrine now recognized by the common law is, that succession to personal property is governed, exclusively, by the law of the actual domicil of the intestate at the time of his death.
Page 485 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 228 - Story, in his commentaries just cited, " although movables are for many purposes to be deemed to have no situs, except that of the domicil of the owner, yet this being but a legal fiction, it yields, whenever it is necessary for the purpose of justice that the actual situs of the thing should be examined.