Legal Opinion

In re Proving the Last Will & Testament of Pinkney

New York Surrogate's Court

Decided December 15, 1921PublishedCited by 4 opinions

Motion for consolidation of probate proceedings.

1Opinion of the Court

Cohalan, S.

This is an application for an order of consolidation and for the framing for jury trial of the questions of due execution, testamentary capacity and undue influence arising out of four wills of the decedent. The wills are dated, respectively, January, 1921, December 21, 1920, December 15, 1920, and June 28, 1918. The first questions relate to the validity of the 1921 will. If probate of that be denied, the jury is to answer the questions relating to the will of December 21, 1920, and if probate again be denied, like questions are to be answered in reference to the two remaining…

2Cases cited4 opinions

  1. Van Wert v. BenedictNew York Surrogate's Court · 1850
  2. Carle v. UnderhillNew York Surrogate's Court · 1854
  3. In re the Probate of the Instrument, Dated September 8, 1913, Alleged to Be a Will of PotterAppellate Division of the Supreme Court of the State of New York · 1915
  4. In re PotterNew York Surrogate's Court · 1916

3Cited by4 opinions

  1. In re the Estate StacerNew York Surrogate's Court · 1959
  2. In re the Estate of FishNew York Surrogate's Court · 1987
  3. In re the Estate of NovieAppellate Division of the Supreme Court of the State of New York · 1965
  4. In re the Probate of the Will of StacerAppellate Division of the Supreme Court of the State of New York · 1960

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