In re the Probate of a Paper Writing Purporting to Be the Last Will and Testament of Goodwin
Appellate Division of the Supreme Court of the State of New York
Appeal by Eben Goodwin and others from a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 5th day of December, 1903, admitting to probate a paper propounded as the last will and testament of Addraetta Goodwin, deceased. '
1Opinion of the Court
Willard Bartlett, J.:
Section 2623 of the Code of Civil Procedure, relative to the sufficiency of the proof of an instrument propounded for probate, provides as follows: “ If it appears to the surrogate that the will was duly executed, and that the testator, at the time of executing it, was in all respects competent to make a will, and not under restraint, it must be admitted to probate as a will valid to pass real property or. personal property, or both, as the surrogate determines, and the petition and citation require, and must be recorded accordingly.’?
The contention of the contestants and…
2Cases cited1 opinion
- In re Ramsdell's WillNew York Supreme Court · 1889
3Cited by9 opinions
- In re Proving the Last Will & Testament of KingNew York Surrogate's Court · 1915
- In re Falabella's WillNew York Surrogate's Court · 1913
- In re Gedney's WildNew York Surrogate's Court · 1913
- In re Proving the Last Will & Testament of SchreiberAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of SmithAppellate Division of the Supreme Court of the State of New York · 1917
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