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In re Probate of the Last Will and Testament of Corcoran

Supreme Court of New York, Appellate Division

May 3, 1911

In the Matter of the Probate of the Last Will and Testament of CORNELIUS CORCORAN, Deceased. JOHN F. CORCORAN, Appellant; NELLIE CORCORAN and Others, Respondents.

Page 130

APPEAL by John F. Corcoran from a decree of the Surrogate's Court of the county of Oneida, entered in said Surrogate's Court on the 1st day of July, 1910, admitting to probate the will of Cornelius Corcoran, deceased.

COUNSEL

H. C. Sholes, for the appellant.

James Coupe and Henry F. Coupe, for the respondents.

OPINION

ROBSON, J.:

Cornelius Corcoran died July 18, 1897, leaving him surviving a widow and one son, the appellant, and three daughters, the respondents, his only heirs at law and next of kin. The widow survived her husband about seven years. The will in question bears date January 17, 1894. Petition for its probate was presented to the Surrogate's Court June 14, 1910. Objections to the probate were filed by the son, which fairly put in issue the making and execution by deceased of the instrument in question. The evidence on the hearing was given by proponent, contestant offering no proof. The effect of the disposing provisions of the will is to give to the widow, if she should survive the testator, a life estate in his property, both real and personal, and subject to the life estate the whole property is given to the daughters, Mary and Nellie Corcoran, in equal shares. These two daughters are then named executors of the will, which concludes as follows:

'In witness whereof I have hereunto subscribed my name and affixed my seal at the City of Utica, State of New York, this seventeenth day of January, eighteen hundred and ninety-four.

his

'CORNELIUS X CORCORAN. [SEAL]

mark

'Witnesses:

'RICH'D. W. MCINCROW.

'THOMAS S. GEARY.

Page 131

'The foregoing instrument signed, sealed, published and declared as and for and acknowledged to be his last will and testament by Cornelius Corcoran, the testator therein named, in our presence and we in his presence and at his request and in the presence of each other subscribed our names at the end thereof, subscribed our names as ...


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