In Re the Revocation of the Probate of the Will of Myer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1905, which affirmed a decree of the Seneca County Surrogate’s Court revoking probate of the will of Mary A. Myer, deceased.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1905, which affirmed a decree of the Seneca County Surrogate’s Court revoking probate of the will of Mary A. Myer, deceased. This proceeding was instituted in the Surrogate’s Court of Seneca county to procure the revocation of the probate of the will of Mary A. Myer, deceased, upon allegations that at the time of the execution thereof she was not mentally capable of making a will and that its execution was procured by the undue influence of her son, William H. Myer. The…
1Opinion of the CourtWerner, J.
The unanimous affirmance by the court below precludes the examination in' this court of any of the questions raised by the appellants, save those arising upon exceptions taken to the rulings of the surrogate upon the admission or rejection of evidence. Some of the exceptions thus taken present errors which require a reversal of the order appealed from, because it appears that the exceptants were clearly prejudiced by such rulings. (Code Civ. Pro. § 2545.)
The petitioners introduced testimony tending to show that, at the time of the execution of the will, the testatrix was afflicted with…
2Cases cited14 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
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3Cited by32 opinions
- State v. GreenUtah Supreme Court · 1931
- Darling v. Pacific Electric Railway Co.California Supreme Court · 1925
- In re the Probate of the Will of CoddingtonNew York Court of Appeals · 1954
- In re the Investigation into Alleged Commission of Criminal AbortionsAppellate Division of the Supreme Court of the State of New York · 1955
- Murphy v. NettMontana Supreme Court · 1913
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