Legal Opinion

In re Regan

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

Decided October 26, 1923PublishedCited by 9 opinions

Appeal by Dennis S. Regan and another, contestants, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of the clerk of the Surrogate’s Court on the 19th day of June, 1923, upon the verdict of a jury, rendered by direction of the court, admitting to probate the paper writing propounded as the last will and testament of Eliza Began., deceased, and also from an order, entered in said clerk’s office on the 12th day of June, 1923, denying their…

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Appeal by Dennis S. Regan and another, contestants, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of the clerk of the Surrogate’s Court on the 19th day of June, 1923, upon the verdict of a jury, rendered by direction of the court, admitting to probate the paper writing propounded as the last will and testament of Eliza Began., deceased, and also from an order, entered in said clerk’s office on the 12th day of June, 1923, denying their motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

Kelly, P. J.:

On February 19, 1923, Eliza Regan, a resident of Kings county, died leaving her surviving a son Thomas F. Regan, the proponent, Florence V. L. Regan a daughter, and two other sons John J. and Dennis S. Regan, the contestants, all of full age. She was a woman about fifty-five years of age, a good mother, very fond of her children and interested in their welfare. She could not read or write. After her death her son Thomas F. Regan offered for probate an alleged last will and testament of his mother, dated July 25, 1905, between seventeen and eighteen years prior to her death, in…

2Cases cited5 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  3. In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
  4. In Re the Probate of Will of SizerNew York Court of Appeals · 1909
  5. In re Proving the Last Will & Testament of BedellAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by9 opinions

  1. In re the Accounting of RowlandNew York Court of Appeals · 1956
  2. Matter of DralleAppellate Division of the Supreme Court of the State of New York · 2021
  3. In re the Estate of SeeligAppellate Division of the Supreme Court of the State of New York · 2003
  4. In Re Riedlinger's WillNew Mexico Supreme Court · 1935
  5. In re the Estate of LongAppellate Division of the Supreme Court of the State of New York · 1991

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