In re the Probate of the Alleged Will of Buel
Appellate Division of the Supreme Court of the State of New York
Appeal by Walter J. Sutherland, as executor, etc., of Lydia Ann Buel, deceased, and another, from a decree of the Surrogate’s Court of Dutchess county, entered in said Surrogate’s Court on the 13th day of March, 1899, refusing to admit to probate a paper propounded as the last will and testament of Lydia Ann Buel, deceased.
1Opinion of the Court
Willard Bartlett, J.:
The learned surrogate rejected the alleged will oñ two grounds. He held that the instrument was not executed .with the statutory *5formalities necessary to make it a will, inasmuch as the testatrix did not declare it to be her last will and testament, or request the attesting witnesses to sign their names as such. He also held that at the time of execution Mrs. Buel was not of sound mind and memory, and did not know or understand that the instrument was her will. In our opinion, the testimony does not sustain the first of these conclusions, but affords ample support to the…
2Cases cited2 opinions
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
- In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
- In re the Probate of the Last Will and Testament of WylieAppellate Division of the Supreme Court of the State of New York · 1914
- He-to-op-pe v. HannaSupreme Court of Oklahoma · 1924
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
- Edgerley v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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