In re the application for probate of the will of Sands
New York Surrogate's Court
Application for the probate of the will of Mahlon Sands, deceased. Mahlon Sands died May 8, 1888, being at the time of his death a resident of, and leaving personal estate within, the county of New York. He left him surviving his widow, Mary M. Sands, and four children, his only heirs-at-law and next of kin : 1. Mabel Sands, his daughter by a former marriage; 2. Ethel Sands; 3. Mahlon Alan Sands; 4. Morton Harcourt Sands.
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Application for the probate of the will of Mahlon Sands, deceased. Mahlon Sands died May 8, 1888, being at the time of his death a resident of, and leaving personal estate within, the county of New York. He left him surviving his widow, Mary M. Sands, and four children, his only heirs-at-law and next of kin : 1. Mabel Sands, his daughter by a former marriage; 2. Ethel Sands; 3. Mahlon Alan Sands; 4. Morton Harcourt Sands. The last three named children are the issue of his marriage with Mary M. Sands. At the time of the decedent’s death Mabel Sands was of full age; the other three children…
1Opinion of the Court
The Surrogate.
The formal requisites provided by the statute for the execution of a will have in this case been complied with by the testator. It is undisputed, and has been proven, that he possessed at the time of the execution of his will testamentary capacity. The validity, however, of the disposition of his personal estate, attempted to be made by the will, is questioned; and it is claimed that these dispositions, or the most important of them, are of such a character as to require that they should be declared void and inoperative.
The tenth clause, which is the main object of attack,…
2Cases cited15 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Schettler v. . SmithNew York Court of Appeals · 1869
- Robert v. . CorningNew York Court of Appeals · 1882
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Kerr v. . DoughertyNew York Court of Appeals · 1880
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3Cited by5 opinions
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Boykin v. BradleySupreme Court of Georgia · 1941
- Cohen v. BarryAppellate Terms of the Supreme Court of New York · 1908
- Jacoby v. JacobyNew York Supreme Court · 1905
- Jacoby v. JacobyNew York Supreme Court · 1905