 | New Jersey. Court of Chancery - 1886 - 746 str.
...widow that what was said in DdafieJd v. Parish, 25 NY 9, 35, is apposite to this case, viz. : " That it is not the duty of the court to strain after probate,...great difficulties oppose themselves to so doing, and that when it is sought to establish a posterior will to overthrow a prior one made by the testator... | |
 | Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 str.
...their suppositions, and obstruct the path towards the conclusion they would have us arrive at ; that it is not the duty of the Court to strain after probate, and especially to seek to establish a posterior will, made in conceded enfeebled health, unsustained... | |
 | Austin Abbott - 1864 - 602 str.
...testator's intentions, as to leave no doubt that it does so speak them. It is not the duty of the couit to strain after probate, nor in any case to grant...great difficulties oppose themselves to so doing. The heirs of a deceased person can rest securely upon the statutes of descents and distributions, and... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1870 - 722 str.
...mental and bodily infirmity. (Lewis v. Lewis, 13 Barb. 17 ; and same case on appeal, 1 Kern. 220.) That it is not the duty of the court to strain after probate,...in any case to grant it where grave doubts remain uuremoved, and that unless the conscience of the court be judicially satisfied, the court is bound... | |
 | Henry Lauren Clinton - 1874 - 260 str.
...be refused. The Court of Appeals, per Davis, J., in Delafield v. Parish, 25 NY, p. 35, held that : " It is not the duty of the Court to strain after probate, nor in any case to grant it, when grave doubts remain unremoved, and great difficulties oppose themselves to so doing. " That the... | |
 | Amasa Angell Redfield - 1882 - 740 str.
...O/EP1IllAIM P. MYER, deceased. While it is true, as laid down in Delaflcld v. Parish (25 JV. F., 9), that it is not the duty of the court to strain after probate, — neither should it, on the oiher hand, strain against probate, where the will seems unfair, but,... | |
 | Francis Wharton, Moreton Stillé - 1882 - 832 str.
...memory within the meaning and language of the statute, and was, therefore, incompetent to make a will '"It is not the duty of the court to strain after probate, and especially to seek to establish a posterior will, made in conceded enfeebled health, unsustained... | |
 | Allan McLane Hamilton - 1883 - 408 str.
...within the meaning and language of the statute, and was therefore incompetent to make a will. ***#*# " It is not the duty of the Court to strain after probate, and especially to seek to establish a posterior will, made in conceded enfeebled health, unsustained... | |
 | 1894 - 1218 str.
...approved by the highest court in this state. In the case of Delafleld v. Parish, 25 NY 35, the court says: "It is not the duty of the court to strain after probate,...great difficulties oppose themselves to so doing." And it has been further held by the same court, upon the question of the burden of proof: "A party... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1888 - 812 str.
...28; 1 Jar. on Wills, 35, n. 1; Dean v. Nagley, 41 Perm. St. 312; Gardiner v. Gardiner, 34 NY 155.) It is not the duty of the court to strain after probate,...unremoved, and great difficulties oppose themselves in so doing. (DdajieJd v. Parish, 25 Jf. Y. 9-35 ; Lanton v. Williams, 2 Curt. 530 ; RMwayen v. Eollwagen,... | |
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That it is not the duty of the court to strain after probate nor in any case to grant it, where grave doubts remain un removed, and great difficulties oppose themselves to so doing. 
