In re the Probate of Last Will & Testament of Donohue
Appellate Division of the Supreme Court of the State of New York
Appeal by Marietta L. Donohue, individually, and Marietta L. Donohue and others, as executors, etc., of George W. Donohue, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 14th day of September, 1903, as adjudges that the paper writing purporting to-, be the codicil to the last will and testament of George W. Donohue, deceased, and propounded for probate, is not a valid codicil to said will, that the…
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Appeal by Marietta L. Donohue, individually, and Marietta L. Donohue and others, as executors, etc., of George W. Donohue, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 14th day of September, 1903, as adjudges that the paper writing purporting to-, be the codicil to the last will and testament of George W. Donohue, deceased, and propounded for probate, is not a valid codicil to said will, that the testator, at the time of signing the same was not competent to make any testamentary disposition of. his property, and…
1Opinion of the Court
Woodward, J.:
George W. Donohue died at the age of fifty-twti years on the 16th day of December, 1902, leaving a last will and testament, with a codicil .attached. Proceedings looking to the probate of this .will were commenced on the same day by the persons named therein as executors. Objections were filed-to the probate of the will and codicil by Patrick J. Madden, one of the heirs at law and next of kin, and to the probate of the codicil by Eliza Stewart, a legatee and devisee under the will. The learned surrogate admitted the will to probate and overruled the objections to the form of the…
2Cases cited5 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Horn v. . PullmanNew York Court of Appeals · 1878
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In re Rapplee's WillNew York Supreme Court · 1893
3Cited by2 opinions
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re Crumb's EstateNew York Surrogate's Court · 1911