Legal Opinion

In re the Probate of a Paper Writing Alleged to be the Last Will & Testament of Rintelen

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 8 opinions

Appeal by Harry Overington, the executor nominated in, and a legatee under, a paper purporting to be the last will and testament of William A. Rintelen, deceased, from a decree of the Surrogate’s Court of New York county, entered in said Surrogate’s Court-on the 27th day of March, 1902, refusing to admit said paper to-probate.

1Opinion of the Court

Ingraham, J.:

The proponent was the executor of what purported to be the last will and testament of the decedent and he applied to have the-instrument probated. The deceased had no children, his next of kin being a sister and an infant child of a deceased brother. The-next of kin opposed the probate, alleging that the testator had not testamentary capacity; that the will offered for probate was not the free act and deed of the deceased, but was procured from him by undue influence, and that the said paper writing was not subscribed, published and attested as and for the last will and testament…

2Cases cited1 opinion

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884

3Cited by8 opinions

  1. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  2. In re the Accounting of RowlandNew York Court of Appeals · 1956
  3. In re KibbeAppellate Division of the Supreme Court of the State of New York · 1926
  4. In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
  5. In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956

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