Legal Opinion

In re the Probate of the Will of Arnold

New York Surrogate's Court

Decided August 31, 1951PublishedCited by 4 opinions

1Opinion of the Court

Collins, S.

Objections to the admission of deceased’s will to probate are interposed in this proceeding by his half sister who asserts that the testator was lacking in testamentary capacity solely because of the fact that he was unaware of her existence as the result of circumstances that placed them apart from infancy.

On a motion made by the proponent to dismiss the objections, Surrogate Frankenthaler held (N. Y. L. J., Sept. 28, 1950, p. 621, col. 3) that the contestant had demonstrated her relationship to deceased. On that motion it was established that deceased and his mother were admitted…

2Cases cited8 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. In re the Estate of ShumwayNew York Surrogate's Court · 1930
  3. In re the Estate of DraskeNew York Surrogate's Court · 1936
  4. Creely v. OstranderNew York Surrogate's Court · 1855
  5. In re Providing the Last Will & Testament of TouseyNew York Surrogate's Court · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Estate of YoungAppellate Division of the Supreme Court of the State of New York · 2001
  2. Vogt v. WitmeyerAppellate Division of the Supreme Court of the State of New York · 1995
  3. In re the Probate of the Will of ArnoldAppellate Division of the Supreme Court of the State of New York · 1953
  4. In re FishAppellate Division of the Supreme Court of the State of New York · 1987

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