Legal Opinion
In re Proving the Last Will & Testament of Lamerdin
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1937PublishedCited by 8 opinions
1Opinion of the CourtDavis, J.
A decree of the surrogate has admitted to probate the will of Henrietta F. Lamerdin over the objections of her husband, the appellant.- There was a trial before the surrogate and a jury on framed issues; but the surrogate directed the jury to answer all questions in favor of proponents.
In 1922, Lamerdin and his wife had arranged to make a trip to Europe and planned to leave on May twenty-seventh. Prior to this time a brother of the testatrix, his wife and daughter had perished in a common disaster; and there had been litigation in the Surrogate’s Court in respect to the descent of the…
2Cases cited4 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- In Re the Probate of a Paper Propounded as the Last Will & Testament of WoodwardNew York Court of Appeals · 1901
- In re MatulewichAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by8 opinions
- In re the Probate of the Will of ElmoreAppellate Division of the Supreme Court of the State of New York · 1973
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of GerdjikianAppellate Division of the Supreme Court of the State of New York · 2004
- In re Proving the Last Will & Testament of GuidiAppellate Division of the Supreme Court of the State of New York · 1940
- In re Proving the Last Will and Testament of StegnerAppellate Division of the Supreme Court of the State of New York · 1938
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