McKinley v. Lamb
New York Supreme Court
APPEAL from a decree of the surrogate of the county of Yew York, made on the 4th day of February, 1869, declaring null and void a certain instrument in writing propounded for probate by the appellant, as and for the last will and testament of John McKinley, deceased, and refusing to admit the same to probate. The deceased died on the 27th day of January, 1868, at the city of Yew York, aged eighty-eight years.
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APPEAL from a decree of the surrogate of the county of Yew York, made on the 4th day of February, 1869, declaring null and void a certain instrument in writing propounded for probate by the appellant, as and for the last will and testament of John McKinley, deceased, and refusing to admit the same to probate. The deceased died on the 27th day of January, 1868, at the city of Yew York, aged eighty-eight years. At the time of his death he was. the owner of considerable property, and left him surviving his nephew, the appellant herein, his niece Isabella Lamb, and his grand-nephew and…
1Opinion of the CourtBeady, J.
The conflict of evidence in this case is not such as to warrant the decree of the surrogate. The testimony of James D. McKinley, a relative of the testator, interested in the estate, and who is the only witness in favor of the contestants in reference to the execution and publication of the will, is not afñrmative in its character, and is not, therefore, entitled to the consideration which it would otherwise command. It is, substantially, that he did not hear anything said by the testator at the time the will was signed, although he thinks he would have heard *296anything that was said, and that…
2Cases cited2 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Mead v. MeadNew York Supreme Court · 1852