Legal Opinion

In Re the Probate of the Last Will & Testament of Pepoon

New York Court of Appeals

Decided January 30, 1883PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 3, 1882, which affirmed a decree of the surrogate of the county of New York, admitting to probate the will of Charlotte A. Pepoon, deceased. The material facts are stated in the opinion.

1Opinion of the CourtMiller, J.

The will of the testatrix contained the usual attesting clause, in due form, and was subscribed by the signatures of two attesting witnesses. It comprehended all that was required by law, and upon its face the will bore every ap pearance of having been lawfully executed. It was dated the 20th of July, 1866, and was executed not long after that. The testatrix died in Hovember, 1880. Considerable time had, therefore, elapsed between the making of the will and the death of the testatrix. There is no doubt as to the testatrix’s capacity, and the question is, whether the proofs before the…

2Cited by20 opinions

  1. In re the Estate of CollinsNew York Court of Appeals · 1983
  2. In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
  3. In Re Will of StiresSupreme Court of Oklahoma · 1923
  4. Butcher v. ButcherColorado Court of Appeals · 1912
  5. In re the Probate of the Will of OliverNew York Surrogate's Court · 1895

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