In Re the Probate of the Last Will of Mondorf
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 10, 1886, which affirmed a decree of the surrogate of Kings county, admitting to probate an instrument purporting to be the last will of Jacob Mondorf, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 10, 1886, which affirmed a decree of the surrogate of Kings county, admitting to probate an instrument purporting to be the last will of Jacob Mondorf, deceased. The material facts are stated in the opinion. The legislature has seen proper to prescribe certain legal requisites to the due execution of a will, all of which must be substantially complied with or the will is void in law. The onus of satisfying the court that these forms were complied with lies upon the…
1Opinion of the CourtEarl, J.
Jacob Mondorf died in the city of Brooklyn on the 22d day of July, 1885, having made two wills, one dated May 26, 1868, and the other dated January 14, 1885. By the former will he gave all his estate to his wife, and by the latter he gave it all to Mrs. Juliana Schaumburg and revoked all former wills. He left no issue. He and his wife became estranged, and in January, 1818, they separated and thereafter lived apart. After their separation he lived in the family of Mrs. Schaumburg, who was a widow with several children.
One of the executors named in the later will presented the same for…
2Cases cited1 opinion
- Horn v. . PullmanNew York Court of Appeals · 1878
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- In re Gedney's WildNew York Surrogate's Court · 1913
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