Pfaler v. Raberg
New York Surrogate's Court
Construction of decedent’s will upon an application for the probate thereof, made by Louisa Raberg, the executrix therein named; and opposed by George F. Pfaler and another, decedent’s next of kin. The facts are stated in the opinion. >
1Opinion of the Court
The Surrogate.
It is conceded that the paper propounded as the will of this decedent was properly executed. I find upon the evidence that, at the time of its execution, its maker was possessed of testamentary capacity, and was not swayed by any such influences as the law deems undue. The instrument is, therefore, entitled to probate.
I am asked, in accordance with the provision of *361§ 2624 of the Code of Civil Procedure, to pass upon the validity of the fourth clause. That clause is in words following: “All the rest, residue and remainder of my estate I bequeath to my said executrix, to remain…
2Cases cited2 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
3Cited by1 opinion
- In re Boardman's WillNew York Surrogate's Court · 1891