Legal Opinion
In Re the Probate of the Will of McCulloch
New York Court of Appeals
Decided February 27, 1934PublishedCited by 11 opinions
1Opinion of the CourtCrane, J.
Rulings on the admission of evidence require the reversal of this decree. The will of Margaret A. McCulloch was denied probate because the jury found undue influence had been used to procure its execution.
Mrs. McCulloch, a widow with no heirs or next of kin of her own, died in Brooklyn, New York city, at the age of about seventy-two on April 12, 1932. Her family physician for two years was Dr. Hamilton, at whose house she was living when she passed away. The testatrix had made four wills and her sanity and ability to make a last disposition of her property was not questioned. The will of…
2Cases cited14 opinions
- Funk v. United StatesSupreme Court of the United States · 1933
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Hobart v. . HobartNew York Court of Appeals · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Newman v. DoreNew York Court of Appeals · 1937
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
- Hart v. HartNew York Supreme Court · 1948
- In re the Estate of ChristieNew York Surrogate's Court · 1938
- In re the Estate of CasperNew York Surrogate's Court · 1936
6 more not listed; retrieve them via the Exa API.