Legal Opinion

In re Proving the Last Will & Testament & Codicil of Bogardus

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1921PublishedCited by 5 opinions

Appeal by the American Tract Society and others, as residuary legatees and beneficiaries under the last will and testament of Emma Bogardus, deceased, from a decree of the Surrogate’s Court of the county of Dutchess, entered in the office of said Surrogate’s Court on the 16th day of May, 1919, refusing probate to said will and a codicil thereto.

1Opinion of the Court

Jaxcox, J.:

The will of the testatrix has been denied probate upon two grounds: First, that the will in question is the result of ■ undue influence; second, that the testatrix at the time of making the will was of unsound mind. The claim of undue influence in this case is sui generis. It is not claimed that any living person at or near the time of the making of the said will said' or did anything to influence the testatrix in the’disposition of her estate. It is claimed that the testatrix’s mother, who had been dead ten years, exercised undue influence over her by means of a letter which the…

Also in this document: Concurrence.

2Cases cited4 opinions

Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
In Re Proving the Will of MartinNew York Court of Appeals · 1885
In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
In re Proving the Last Will & Testament of BollesNew York Surrogate's Court · 1902

3Cited by5 opinions

In re Proving the Last Will & Testament of PriceAppellate Division of the Supreme Court of the State of New York · 1923
In re Proving the Last Will & Testament of DowdleAppellate Division of the Supreme Court of the State of New York · 1928
In re the Probate of the Last Will & Testament of StrebAppellate Division of the Supreme Court of the State of New York · 1936
In re Proving the Last Will & Testament of DotterweichAppellate Division of the Supreme Court of the State of New York · 1924
Leshnick v. KaltovichAppellate Division of the Supreme Court of the State of New York · 1959