In re Proving the Last Will and Testament of Daniel Small
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Joab Small and others, from an order of the Supreme Court, made at Montgomery Trial Term and ' entered in the office of the cleric of the county of Montgomery on the 18th day of July, 1905, denying the contestants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The report of this case in 105 Appellate Division, 140, gives the history of the litigation and many of the facts. Other facts are: Twenty-two days before his death the testator came to reside with Dr. Walrath, the principal beneficiary, and remained with him. The will was executed eleven days thereafter. There had previously been no particular relations between them except the doctor was his tenant. The testator was suffering from typhoid fever, but was around the house, not going out upon the streets. An attorney prepared the will by the directions of and delivered it to the…
2Cases cited1 opinion
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897