Citations
- 205 A.D. 135
Full opinion text
H. T. Kellogg, Acting P. J.:
Margaret Crouse, now deceased, whose will forms the subject of this controversy, resided at Richfield Springs, N. Y. She was elderly and unmarried. Her nearest relative was an uncle, Menzo Crouse, who resided at Fort Plain, N. Y., and was more than ninety years of age. Other relatives were cousins to the number of thirty, scattered about the country from Minneapolis to New York city. No relative lived a less distance from Richfield Springs than twenty miles. So far as known, no relative, except Clara Tilton, a cousin, ever saw Margaret Crouse or ever was seen by her. Margaret Crouse possessed personalty of the value of $50,000 and real estate of the value of $25,000. If she has died intestate Menzo Crouse will receive the former, while he and the thirty cousins will divide the latter.
On April 10, 1920, Margaret Crouse executed before witnesses an instrument declared by her to be her last will and testament. In the dispositions thereby made the testatrix ignored all relatives except George Crouse Cook, a cousin who lived in New York city. To him she gave her paintings and silverware and nothing more. To John Passey, described by her to have been “ for many years my employee,” she gave certain furniture and a runabout car. She also made provision for the payment to him during fife of an annuity of $520. She further provided for his burial expenses, the purchase of a cemetery lot for him and the erection of a tombstone. She also provided that in case he became ill or infirm additional necessary sums might be spent by her trustees for his support. All the rest, residue and remainder of her property she gave, after the death of John Passey, to the “New York Branch of the Woman’s Foreign Missionary Society ” and the “ Woman’s Home Missionary Society ” of the Methodist Episcopal Church, to be equally divided between them.
Margaret Crouse became ill early in February, 1921, some ten months after making the will referred to. On Tuesday, the 15th day of February, 1921, she was taken to Htica where she entered the Faxton Hospital for care and treatment. On Wednesday, February 16, 1921, at about nine in the evening, she died. She had brought to the hospital with her a dress suit case. The dress suit case was locked and the key was not to be found. On Wednesday afternoon, the afternoon before her death, the superintendent of the hospital, Pearl Stout, opened the dress suit case. She found therein a package of papers consisting of valuable securities and other documents. Among them was a long, sealed envelope upon which there appeared the legends “ Last Will