Legal Opinion

In re Proving the Last Will & Testament of Moore

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

Decided December 15, 1905PublishedCited by 17 opinions

Appeal by Caroline D. Moore from a decree of the Surrogate’s Court of the county of Erie, entered in said court on the 24th day of February, 1905, admitting to probate the alleged will of Chester Moore, deceased;

1Opinion of the Court

Spring, J.:

Chester Moore executed the instrument which has been admitted to probate about January 28, 1903. It was in his own handwriting and the subscribing witnesses were husband and wife, neighbors of the decedent, and were old people bordering on eighty years of age.

Mr. Moore was a man of intelligence and of business' ability, and had some information as to the statutory requirements pertaining to the execution of a will. Mr. Dennis, also apparently intelligent and of a fairly retentive memory, was somewhat familiar with these requirements.

Mo evidence was given impeaching the will by…

2Cases cited4 opinions

  1. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  3. In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
  4. In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by17 opinions

  1. Pulitzer v. ChapmanSupreme Court of Missouri · 1935
  2. In re the Probate of the Will of PulvermacherNew York Court of Appeals · 1953
  3. In re the Contested Will of HockNew York Surrogate's Court · 1911
  4. In Re Dong Ling Hing's EstateUtah Supreme Court · 1931
  5. Wright v. McDonaldSupreme Court of Missouri · 1950

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