In Re the Probate of the Will of Goldsticker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 24, 1908, which affirmed a decree of the Mew York County Surrogate’s Court admitting to probate the will of David Goldstieker, deceased. The facts, so far as material, are stated in the opinion. The decree of the surrogate denying probate of the paper of July 6, 1905, as a will of real and personal property, is not an adjudication in this proceeding.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 24, 1908, which affirmed a decree of the Mew York County Surrogate’s Court admitting to probate the will of David Goldstieker, deceased. The facts, so far as material, are stated in the opinion. The decree of the surrogate denying probate of the paper of July 6, 1905, as a will of real and personal property, is not an adjudication in this proceeding. Inasmuch as all of the proofs establish the competency of the testator at the time that he executed the instrument of July 6,…
1Opinion of the Court
Cullen, Ch. J.
David Goldstieker died October 22nd, 1905. Thereafter the present appellants propounded for probate in the Surrogate’s Court, in the county of New York, a will of said Goldsticker bearing date July 6th, 1905. All the parties in interest, including the present respondents, were cited, and the probate contested. The will was rejected, and probate thereof refused by a decree made by the surrogate, which declared that the will was not properly executed, and that the deceased at the time of the execution thereof was of unsound mind, and incompetent to make a will. Thereafter, and on…
2Cases cited7 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Stewart's v. LispenardNew York Supreme Court · 1841
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Brick's EstateNew York Surrogate's Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
- In re the Estate of EvansNew York Surrogate's Court · 1937
- In re Kathan's WillNew York Surrogate's Court · 1913
- Craig v. CraigSupreme Court of Kansas · 1923
18 more not listed; retrieve them via the Exa API.