In re the Revocation of Probate of the Last Will & Testament of Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by Rosa F. King, individually and as executor, etc., of Julia Murphy, deceased, and Joseph Clark and Nellie Clark, by William H. Shaffer, their special guardian, from a decree of the. Surrogate’s Court of Monroe county, entered in said Surrogate’s, Court on the 20th day of January, 1899, revoking the probate of a. paper propounded as the last will and testament of Julia Murphy,, deceased.
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Appeal by Rosa F. King, individually and as executor, etc., of Julia Murphy, deceased, and Joseph Clark and Nellie Clark, by William H. Shaffer, their special guardian, from a decree of the. Surrogate’s Court of Monroe county, entered in said Surrogate’s, Court on the 20th day of January, 1899, revoking the probate of a. paper propounded as the last will and testament of Julia Murphy,, deceased. The will was executed September 14, 1897. Decedent died July 14, 1898. The will was admitted as a will of personal estate July 18, 1898, the next of kin waiving.the issuance of citation and assenting…
1Opinion of the Court
Spring, J.:
The testatrix was an old lady, but, except for a lameness caused by an accident, was in good physical strength until long after the execution of the will revoked. She was born in Ireland, was illiterate, was thrifty and penurious, and in the management of her property up to the time of her death there was no abatement of this economy and good judgment. She was eccentric, of violent temper, slatternly in her household duties and in her dress, but these pecu*155Parities existed in her Pfe as far back as the witnesses go. The facts narrated warrant no finding of mental unsoundness…
2Cases cited4 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- In re Proving the Last Will & Testament of RoheNew York Surrogate's Court · 1898
- In re Proving the Last Will & Testament of ShannonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In re Proving the Last Will & Testament of SchoberNew York Surrogate's Court · 1915
- In re Proving the Last Will & Testament of McDermottNew York Surrogate's Court · 1915
- In re the Probate of an Instrument Alleged to be the Last Will & Testament of MungerNew York Surrogate's Court · 1902
- In re Carpenter's WillNew York Surrogate's Court · 1913
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