In re Healey
Appellate Division of the Supreme Court of the State of New York
Appeal by Michael McGinty and others, contestants, from, a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 9th day of December, 1922, upon the verdict of a jury rendered by direction of the surrogate, admitting to probate an alleged will of Catherine Serveira, deceased, and also from an order entered in said office on the same day denying appellants’ motion for a new trial.
1Opinion of the Court
Kapper, J.:
On a trial before the surrogate of Kings county ana a jury, the alleged last will and testament of Catherine Serveira, deceased, was probated after a verdict directed by the surrogate. The contestants claim that the deceased had not duly executed the will in that her signature did not appear at the end of the will, nor did the signature of the witnesses so appear.
On the morning of February 1, 1922, the decedent, who was ill and in bed, requested her neighbor, Mr. Richard R. Zehmisch, to draw her will. A printed blank was utilized. It consisted of one sheet of paper so folded in the…
2Cases cited6 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In re Proving the Last Will & Testament of GibsonAppellate Division of the Supreme Court of the State of New York · 1908
- Ward v. PutnamCourt of Appeals of Kentucky · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Estate of DraskeNew York Surrogate's Court · 1936
- In re Proving the Last Will & Testament of CrossonNew York Surrogate's Court · 1929
- In re the Estate of McConiheNew York Surrogate's Court · 1924
- In re the Estate of SteinerNew York Surrogate's Court · 1932
- In re the Estate of YoungNew York Surrogate's Court · 1962
4 more not listed; retrieve them via the Exa API.