Legal Opinion

In re a Paper Propounded for Probate as the Last Will & Testament of Klinzner

New York Surrogate's Court

Decided April 15, 1911PublishedCited by 4 opinions

Proceeding for the probate of a last will and testament,

1Opinion of the Court

Fowler, S.

The voluminous testimony taken on the hearing discloses that Charles Klinzner, whose testamentary intentions are the subject of this proceeding, on what proved to be his death bed, subscribed with his mark the paper now propounded as his will. He was at that time only a few months past twenty-one years of age. His youth, from an unusually early period, had been dissolute, and he was frequently intoxicated before his final illness; but there is an absence of proof that his use of intoxicants had so undermined his system as to deprive him, when sober, of a “ sound and disposing mind.”…

2Cases cited25 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
  3. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  4. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  5. Jackson v. . JacksonNew York Court of Appeals · 1868

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3Cited by4 opinions

  1. In re Campbell's WillNew York Surrogate's Court · 1912
  2. In re Falabella's WillNew York Surrogate's Court · 1913
  3. Timmann v. TimmannNew York Supreme Court · 1913
  4. In re BarthelNew York Surrogate's Court · 1919

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