Legal Opinion

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

New York Surrogate's Court

Decided April 15, 1912Published

Pboceediitg upon the prohate of a will. •

1Opinion of the Court

Fowleb, S.

This in one respect is a most unusual case in this tribunal. As stated in the written brief of counsel, submitted in behalf of proponent: “ the testimony * * * is most conflicting, almost every fact testified to by any of the witnesses being contradicted.” This frank and justified statement by proponent’s own counsel is very significant on a'contested probate, where the burden of proof, by established authority, rests so strongly on the proponent throughout the trial.

For more than a year past the proponent has been acting as the administratrix of her late husband, Henry Jacobs. The…

2Cases cited6 opinions

  1. Matter of Will of John KellumNew York Court of Appeals · 1873
  2. People v. . MurphyNew York Court of Appeals · 1892
  3. Brownell v. HawkinsNew York Supreme Court · 1848
  4. In re the Probate of a Paper Propounded as the Last Will & Testament of Van Den HeuvelNew York Surrogate's Court · 1912
  5. Johnson Service Co. v. MaclernonAppellate Division of the Supreme Court of the State of New York · 1911

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