In re Proving the Last Will & Testament of Spang
Appellate Division of the Supreme Court of the State of New York
Appeal by George W. Wickersham and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 15th day of April, 1920, as resettled by a decree entered in said surrogate’s office on the 14th day of May, 1920, on the verdict of a jury adjudging that two papers offered for probate as the last will and testament and codicil thereto of Rosa E. Spang' were executed by her at a time when she did not have testamentary…
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Appeal by George W. Wickersham and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 15th day of April, 1920, as resettled by a decree entered in said surrogate’s office on the 14th day of May, 1920, on the verdict of a jury adjudging that two papers offered for probate as the last will and testament and codicil thereto of Rosa E. Spang' were executed by her at a time when she did not have testamentary capacity to execute the same and denying probate thereof, and also from an order entered in said surrogate’s office on the…
1Opinion of the Court
Smith, J.:
Rosa É. Spang died June 22, 1919, at the age of seventy-eight years. Charles H. Spang, her husband, died February 14, 1919, at the age of eighty-five years. The property of which she died seized was mostly property that came from her husband. By her husband’s will, after deducting some minor legacies, a daughter, Mabel, was given an annuity of $20,000 a year, and the widow was given the income from the balance of the property. After the death of the life annuitants the property was to be given in part for certain specific purposes named and the remainder to his executors to be…
2Cases cited1 opinion
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by4 opinions
- In re the Compromise of Controversies Arising between Interested in the Estate of WatsonNew York Surrogate's Court · 1924
- In re the Estate of DonohueNew York Surrogate's Court · 1921
- In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of MillerNew York Surrogate's Court · 1922
- Warnecke v. New York City Housing AuthorityNew York Supreme Court · 1959