Rollwagen v. . Rollwagen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York, refusing to admit to probate instruments puporting to be the last will aud testament of Frederick Rollwagen, deceased, and a codicil thereto. (Reported below, 3 Hun, 121; 5 T. & 0., 425.) The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York, refusing to admit to probate instruments puporting to be the last will aud testament of Frederick Rollwagen, deceased, and a codicil thereto. (Reported below, 3 Hun, 121; 5 T. & 0., 425.) The facts sufficiently appear in the opinion. The testator sufficiently signified to the witnesses the character of the instruments, and his purpose to execute them as his will. (Beldiny v. Leichardt, 56 N. Y., 680; In re Kelum, 52 id., 577.) The…
1Opinion of the Court
Earl J.
The decedent was a native of Alsace, now a province of Prussia, and came to this country and settled in Eew York in the year 1829. He was a butcher by trade, and died at the age of sixty-six years, having amassed a large fortune, estimated at from $600,000 to $800,000, invested mostly in real estate in the city of New York. He was illiterate, and could neither read nor write, except that he could write his name and read figures. He was married in early life, and of that marriage had three sons and one daughter. His first wife died in 1865. He was married again in 1866, and his second…
2Cases cited5 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Reynolds v. RootNew York Supreme Court · 1862
- Van Pelt v. Van PeltNew York Supreme Court · 1858
3Cited by113 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Parker v. MazurCourt of Appeals of Texas · 1928
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Truelove v. TrueloveCourt of Appeals of Texas · 1953
- In Re the Estate of AnnaNew York Court of Appeals · 1928
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