In re Proving the Last Will & Testament of Stapleton
Appellate Division of the Supreme Court of the State of New York
Appeal by Patrick Stapleton and by Arthur J. O’Leary, one of the executors named in the will of Eliza Stapleton, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 5th day of March, 1900, as adjudges that the codicil to the last will and testament of Eliza Stapleton, deceased, bearing date March. 18, 1899, is null and void, and denies probate thereto.
1DissentLaughlin, J.
The decree admitted the will to probate, but adjudged.that the codicil was hull and void upon the ground that at the time of its execution the ■ testatrix “ had not sufficient mental testamentary capacity ” to execute the same, and “ was not free from restraint or compulsion of her husband, Patrick Stapleton.”
The appellant Stapleton was the husband of the testatrix, and he *7alone was benefited by the codicil. He was duly cited on the probate proceedings, but failed to appear, and as to him the decree was entered by default. The appellant O’Leary is one of the executors of the will and it was…
2Cases cited4 opinions
- Bryant v. . ThompsonNew York Court of Appeals · 1891
- In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Final Accounting of CoeAppellate Division of the Supreme Court of the State of New York · 1900
- In Re One of the Two Trustees of the Peekamose Fishing ClubNew York Court of Appeals · 1897