In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary Averill and others, contestants, from a decree of the Surrogate’s Court of the county of Suffolk, entered in the office of the clerk of said Surrogate’s Court on the 23d day of April, 1917, and also from an order entered on the 16th day of April, 1917.
1Opinion of the Court
Jenks, P. J.:
The decree that admitted the will to probate was made after trial of the issues by a jury in the Surrogate’s Court. The jury found for the proponent upon the three issues of execution, testamentary capacity and undue influence. The main contest was over testamentary capacity. I think that the verdict was against the weight of proof upon that issue.
The testator when he made the will was 74 years old, and had been the inmate of a sanitarium for considerable time. There he died in the following year. He left no widow, and his heirs and next of ldn were nephews and a niece,…
2Cases cited15 opinions
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- State v. MainSupreme Court of Connecticut · 1897
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Jackson v. Van DusenNew York Supreme Court · 1809
- Prentis v. BatesMichigan Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Probate of the Last Will & Testament of AllawayAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Probate of the Will of MorrisonAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Probate of the Last Will & Testament of SchillingerAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Probate of a Paper Propounded as the Last Will & Testament of HuberNew York Surrogate's Court · 1918
- Hotaling v. A. B. Leach & Co.City of New York Municipal Court · 1926
4 more not listed; retrieve them via the Exa API.