Legal Opinion

In re the Probate of the Last Will & Testament of Rogers

New York Surrogate's Court

Decided January 15, 1907Published

Proceedings for the prohate of a will.

1Opinion of the Court

Church, S.

The probate of the instrument offered is resisted on the ground that the deceased, at the time of its execution, did not possess sufficient competency to execute a will, and also that the alleged will was not executed in conformity with the provisions of the statute.

The will in question is the work of one Latto, who is not an attorney, but who evidently assumes to possess some legal knowledge. On the 25th of July, 1906, he claims to have received instructions from the deceased to prepare the will, which by its terms gave everything to his wife. It is in Latto’s handwriting and was…

2Cases cited5 opinions

  1. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
  2. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  3. In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
  4. Hoysradt v. . KingmanNew York Court of Appeals · 1860
  5. In re the Contested Will of SarasohnNew York Surrogate's Court · 1905

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