Mairs v. Freeman
New York Surrogate's Court
The will in question was propounded by Pliny Freeman and Edward E. Linnemore, executors, and bore date January 6, 1873, and was attested by Warren S. Wilkie and John C. Lang. The points raised by the learned counsel for the contestants were: First, that the evidence showed the destruction of a later will, by a person named in the instrument propounded as a beneficiary, and after testator’s death. Second, that the will propounded was executed under undue influence.
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The will in question was propounded by Pliny Freeman and Edward E. Linnemore, executors, and bore date January 6, 1873, and was attested by Warren S. Wilkie and John C. Lang. The points raised by the learned counsel for the contestants were: First, that the evidence showed the destruction of a later will, by a person named in the instrument propounded as a beneficiary, and after testator’s death. Second, that the will propounded was executed under undue influence. Third, that the requirements of the statute had not been complied with, because the witnesses were not requested to subscribe as…
1Opinion of the Court
The Surrogate.
The testimony upon which the first point raised by the contestant is based, was given by Mrs. Wortman, as follows :
“ Mrs. Houghton said she found some papers that had some presents and gifts’ from her father to Mrs. Hows, and burned them.” It also appears that she found the papers in her father’s drawer, and that Mrs. Dows was a niece of the deceased. No other description of the papers, is given; whether they were loose memoranda or drawn up in the form of a deed or will does not appear, or whether they bore the signature of the deceased, does not appear; and however…
2Cases cited35 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Peck v. . CaryNew York Court of Appeals · 1863
- Clark v. FisherNew York Court of Chancery · 1828
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Stewart's v. LispenardNew York Supreme Court · 1841
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3Cited by4 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
- In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
- In re the Probate of the Will of WilliamsNew York Surrogate's Court · 1901
- Townsend v. BogartNew York Surrogate's Court · 1881