Viviano v. Hopper

The opinion of the court was delivered by

Wachenfeld, J.

This will contest, initiated in the County Court, where the will was sustained, was taken to the Appellate Division, where it was again upheld by a divided court. One judge having dissented, the appellant was automatically entitled to come here.

The residuary legatee is a lawyer, which fact occasions most of the difficulty. Jacob B. Hopper died August 14, 1948, leaving no issue but survived by his wife, the appellant here. His will, dated July 19, 1948, was admitted to probate by the surrogate. The widow contested the probate in the County…