In re the Probate of the Last Will & Testament of Burnham
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponents, Victor H. Thun and another, from a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 27th day of June, 1921, denying probate to the alleged will of Matilda E. Burnham, deceased, and also from an order entered in said office on the same day denying proponents’ motion for a new trial made upon the minutes.
1Opinion of the Court
Manning, J.:
The will was rejected on the ground that the decedent lacked testamentary capacity, and the action of the surrogate in refusing probate followed a finding to this effect by a jury.
The record shows that originally there were cross-appeals by *623the proponents and the contestants, but the special guardians, who were the contestants before the surrogate, declare now that they will not urge their appeal; and so, the only appeal before us for consideration is that of the proponents, who appeal from so much of the surrogate’s decree as denies probate; and also from an order denying a…
2Cases cited18 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Matter of CaseNew York Court of Appeals · 1915
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- Hagan v. . SoneNew York Court of Appeals · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re the Probate of the Will of BurnhamNew York Court of Appeals · 1923
- In re the Estate of WebbNew York Surrogate's Court · 1923
- In re the Estate of RogersNew York Surrogate's Court · 1926
- Strasberg v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1952
- In re OrrellNew York Surrogate's Court · 1929
20 more not listed; retrieve them via the Exa API.