In re the Probate of the Last Will and Testament of Cunnion
Appellate Division of the Supreme Court of the State of New York
Appeal by Catherine McHugh from a decree of the- Surrogate’s Court'of the county of Kings, entered in said. Surrogate’s Court bn the 23d day of December, 1908.
1Opinion of the Court
Burr, J.:
This appeal is taken from a decree of the Surrogate’s Court of Kings county which admitted to probate as the last will and testament of John Cunnion a paper dated September 9, 1907. The death of Cunnion, the execution- of the paper by him with all the formalities required by the law of wills, his testamentary capacity, and. his freedom from undue influence, were all undisputed. Probate was resisted. upon the ground that the testator had executed another and later will by which this was revoked. It was found by the Surrogate’s Court that on the 6th day of June, 1908, he did execute…
2Cases cited3 opinions
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- Jones v. . ReillyNew York Court of Appeals · 1903
- Schattman v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by12 opinions
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Blanche v. Diners Club International, Inc.District Court, S.D. New York · 1990
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1913
- Hugo v. ClarkSupreme Court of Virginia · 1919
- In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
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