In re the Probate of Last Will & Testament of Eldred
Appellate Division of the Supreme Court of the State of New York
Appeal by Dewitt A. Devoe and another from a decree of the Surrogate’s Court of the county of Fulton, entered in said Surrogate’s Court on the 31st day of August, 1903, admitting to probate an alleged will, dated April 24, 1901, of Eliza D. Eldred. The. testatrix was a widow and died ¡November 27, 1902, without leaving a descendant. Her only heirs at law and next of kin were one nephew and one niece, the contestants.
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Appeal by Dewitt A. Devoe and another from a decree of the Surrogate’s Court of the county of Fulton, entered in said Surrogate’s Court on the 31st day of August, 1903, admitting to probate an alleged will, dated April 24, 1901, of Eliza D. Eldred. The. testatrix was a widow and died ¡November 27, 1902, without leaving a descendant. Her only heirs at law and next of kin were one nephew and one niece, the contestants. Her husband died about nine years before her death and after his death she boarded at different places and lived for a part of the time at the Old Ladies’ Home at Mohawk, ¡N". Y.…
1Opinion of the Court
Chase, J.:
Ho evidence was offered that in any way attacks the competency of the testatrix to make a testamentary disposition of her property. It is quite evident from the record that she intentionally planned to prepáre and execute her will at the house of a friend who was wholly disinterested in the transaction. The will was prepared, not only without any one knowing its contents, but without its contents being in any way the subject of conversation. The paper thus prepared by the testatrix commences: “ I, Eliza D. Eldred, of Dolgeville in the county of Herkimer, State of Hew York, do…
2Cases cited6 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- In re Hardenburg's WillNew York Supreme Court · 1895
- In re the Probate of the Last Will & Testament of CornellAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Probate of the Last Will & Testament & Codicils of BaldwinAppellate Division of the Supreme Court of the State of New York · 1926
- In re JacintoAppellate Division of the Supreme Court of the State of New York · 1991
- In re Letters of Administration of the Goods, Chattels & Credits of RudolphNew York Surrogate's Court · 1916
- In re the Probate of the Codicil to the Will of NicholsonNew York Surrogate's Court · 1948