Legal Opinion

In re the Probate of the Will of Boyle

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

Decided January 15, 1947Published

1Per curiam

One of the contestants appeals from a decree admitting testator’s will of March 8, 1944, to probate, after a trial before the surrogate and a jury. Although the objections were improper execution of the will, fraud and undue influence, and lack of testamentary capacity, the only objection as to which contestants’ proof approached raising an issue was the last one. Testator was a patient in the Sisters’ Hospital in Buffalo from February 20, 1944, until his death on the following March 14th. Contestants called three physicians, who, as expert witnesses, testified that he was irrational for two…

2Cases cited6 opinions

  1. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  2. People v. KohlmeyerNew York Court of Appeals · 1940
  3. People v. . RiceNew York Court of Appeals · 1899
  4. In re the Probate of the Will of MorrisonAppellate Division of the Supreme Court of the State of New York · 1946
  5. In Re the Probate of the Will of MorrisonNew York Court of Appeals · 1946

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