In re the Probate of a Paper Propounded as the Last Will & Testament of Jacobs
New York Surrogate's Court
Proceeding upon the probate of a will.
1Opinion of the Court
Fowler, S.
This in one respect is a most unusual case in this tribunal. As stated in the written brief of counsel, submitted in behalf of proponent: “ the testimony * * * is most conflicting, almost every fact testified to by any of the witnesses being contradicted.” This frank and justified statement by proponent’s own counsel is very significant on a contested probate, where the burden of proof, by established authority, rests so strongly on the proponent throughout the trial.
For more than a year past the proponent has been acting as the administratrix of her late husband, Henry Jacobs. The…
2Cases cited5 opinions
- Matter of Will of John KellumNew York Court of Appeals · 1873
- People v. . MurphyNew York Court of Appeals · 1892
- Brownell v. HawkinsNew York Supreme Court · 1848
- In re the Probate of a Paper Propounded as the Last Will & Testament of Van Den HeuvelNew York Surrogate's Court · 1912
- Johnson Service Co. v. MaclernonAppellate Division of the Supreme Court of the State of New York · 1911