Wyman v. Wyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary Wyman, individually and as executrix, etc., and others, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of New. York on the 3d day of March, 1905, upon the decision of the court rendered after a trial at the New York Special Term. Also an appeal by the defendants, Randolph A. Wyman and. Gerard B. Heilman, from the whole of said judgment.
1Opinion of the Court
Claeke, J.:
This is an action for partition in which the interpretation of a' will is asked, brought by an alleged devisee under the will. An issue is raised by one of the defendants, a daughter of the decedent, that the testator at the time he executed the will did not have testamentary capacity, and that the instrument was not signed, published and declared in the manner provided by law so as to be entitled to probaté as a last will and testament.
Upon the trial plaintiff offered in evidence the deeds establishing the title of the premises in question in the decedent at the time of his death…
2Cases cited1 opinion
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
3Cited by13 opinions
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- In re Proving the Last Will & Testament of EwenAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Probate of the Last Will & Testament of AcresNew York Surrogate's Court · 1926
- In re Proving the Last Will & Testament of PrenticeNew York Surrogate's Court · 1920
- In re the Probate of the Last Will & Testament & Codicils of BaldwinAppellate Division of the Supreme Court of the State of New York · 1926
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