In Re the Probate of the Last Will & Testament of Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15,1885, which affirmed a decree of the surrogate of the county of Orange, admitting to probate the will of John Wilson, deceased. The facts, so far as material to the questions presented, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15,1885, which affirmed a decree of the surrogate of the county of Orange, admitting to probate the will of John Wilson, deceased. The facts, so far as material to the questions presented, are stated in the opinion. The admission of Hart’s testimony as to personal transactions and communications with testator was erroneous and the objections and. exceptions to it are well taken. (Code of Civil Pro., § 829; Lane v. Lane, 95 N. Y, 494 ; Cadmus v. Oakley, 8 Dem.…
1Opinion of the Court
Ruger, Ch. J.
One Hart was executor under the will of John Wilson, deceased, and also a legatee therein. He presented the will for probate and offered himself as a witness to prove personal conversations and transactions had by him with the testator at the time of its preparation in relation to its contents and execution.
It was objected that he was incompetent under section 829 of the Code of Civil Procedure to testify to such transactions and conversations, both as a party to the proceeding and also by reason of his interest in the event. The proponent, thereupon, put in evidence a release to…
2Cases cited6 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Lane v. . LaneNew York Court of Appeals · 1884
- Rugg v. . RuggNew York Court of Appeals · 1881
- McDonough v. LoughlinNew York Supreme Court · 1855
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- O'Brien v. . WeilerNew York Court of Appeals · 1893
- Estate of JohnsonWisconsin Supreme Court · 1920
23 more not listed; retrieve them via the Exa API.