# In re Nisbet

> New York Surrogate's Court · November 15, 1886 · 5 Dem. Sur. 286

URL: https://www.frixlaw.com/law-library/cases/6142027

## Case

- **Full name:** Matter of Nisbet. In the matter of the estate of James Nisbet
- **Court:** New York Surrogate's Court
- **Decided:** November 15, 1886
- **Citations:** 5 Dem. Sur. 286
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6142027

## Opinion text

The Surrogate.
Unless it is made to appear that, at the time of the execution of the codicil of July 25th, 1881, there was in existence some testamentary paper other than the alleged will of July 20th, 1872, to which the testator intended to refer by using in the codicil the expression “ my will,” I am clear that the publication of that codicil operated as a republication of the will, and that, so far as concerns the formalities of execution the will is sufficiently proved by proof establishing that the codicil was executed in accordance with law (Goodtitle v. Meredith, 2 M. & S., 6; Barnes v. Crowe, 1 Ves., 486, 497; Maddock v. Allen, 3 Jur. [N. S.], 965; Allen v. Maddock, 11 Moore, P. C. C., 427; Ingoldby v. Ingoldby, 4 No. Cas., 493; Wikoff’s Appeal, 15 Penn. St., 281; Harvy v. Chouteau, 14 Mo., 586 ; Utterton v. Robins, 1 Ad. & El., 423; Gordon v. Lord Reay, 5 Sim., 274; Payne v. Payne, 18 Cal., 291 ; Van Cortland v. Kip, 1 Hill, 590 ; Kip v. Van Cortland, 7 Hill, 346 ; Van Alstyne v. Van Alstyne, 28 N. Y. 375 ; Brown v. Clark, 77 N. Y., 369 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6142027. Public record. Not legal advice.