In re Proving the Last Will & Testament of Gethins
New York Surrogate's Court
Proceedings on the probate of a. lost will under sections 2613 and 1865 of the Code of Civil Procedure.
1Opinion of the Court
Schulz, S.
The evidence clearly establishes that the decedent executed a will with all the formalities prescribed by statute, and it is not contended that she was under age, incompetent to execute the same or that its execution was obtained by undue influence, restraint or duress. There is no' claim that any other document of a testamentary nature was executed by the decedent or that she was ever incompetent, and hence the exact date when the instrument offered was executed does not appear to be very important. (Matter of Talbot, 91 Misc. Rep. 382; Matter of Haviland, 11 id. 193.) I think the…
2Cases cited7 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- In re the Probate of a Paper Offered for Probate as the Last Will & Testament of ReiffeldNew York Surrogate's Court · 1901
- In re Proving the Last Will & Testament of KentAppellate Division of the Supreme Court of the State of New York · 1915
- Early v. EarlyNew York Surrogate's Court · 1882
- Smith v. FerrisAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by3 opinions
- Estate of ArbuckleCalifornia Court of Appeal · 1950
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re Probate of the Will of FoxNew York Court of Appeals · 1961