Marx v. McGlynn
New York Surrogate's Court
Proceeding for probate of the last will and testament of Mary Caroline Marx, deceased. : The paper propounded, dated May 23,1878, bequeathed to Catharine H. Marx, testator’s only next-of-kin, $1,000 a year during her life, together with her clothing, and her interest in'premises No. 123 East-Fortieth street, and her share of. the- “family silver ” during the life of said Catharine; after her death, the share of the house and silver to go to the Rev. Aloysius J. D. Bradley;…
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Proceeding for probate of the last will and testament of Mary Caroline Marx, deceased. : The paper propounded, dated May 23,1878, bequeathed to Catharine H. Marx, testator’s only next-of-kin, $1,000 a year during her life, together with her clothing, and her interest in'premises No. 123 East-Fortieth street, and her share of. the- “family silver ” during the life of said Catharine; after her death, the share of the house and silver to go to the Rev. Aloysius J. D. Bradley; and she also bequeathed to the Rev. Edward McGflynn, $1,000; also to said Bradley all her personal property in a storage…
1Opinion of the Court
The Surrogate.—[After a statement of the testimony.] —No question is raised as to the sufficiency of the proof of the execution of the instrument propounded, nor is there any doubt upon the evidence as to the soundness of decedent’s mind, though some testimony is given by the contestant, of her strange conduct just before the execution of the instrument; but her intelligent and coherent letters of May 29 and June 11, after its execution, and the proof of the subscribing witnesses, are sufficient to overcome the statements of the contestant in that particular, and I entertain no doubt that she…
2Cases cited16 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Gardiner v. GardinerNew York Court of Appeals · 1865
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3Cited by1 opinion
- Merrill v. RolstonNew York Surrogate's Court · 1881