In Re the Revocation of the Last Will & Testament of Nelson
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 December 12, 1892, which affirmed a decree of the Surrogate’s Court of the county of Dutchess denying and dismissing a petition for the revocation of probate of the last will and testament of Homer A. Kelson, deceased, and ratifying and confirming the prior probate thereof. The facts, so far as material, 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 December 12, 1892, which affirmed a decree of the Surrogate’s Court of the county of Dutchess denying and dismissing a petition for the revocation of probate of the last will and testament of Homer A. Kelson, deceased, and ratifying and confirming the prior probate thereof. The facts, so far as material, are stated in the opinion. The Surrogate’s Court erred in admitting jiroof of what Judge Kelson said from time to time in relation to his alleged will, and of his…
1Opinion of the CourtFinch, J.
This appeal is from an affirmance by the General Term of an order of the surrogate of Dutchess county refusing to revoke the probate of the last will of Homer A. Nelson. No question is raised as to the capacity of the testator or his freedom from any undue or improper influence, and the whole contest is over the inquiry whether the statutory requirements for the due execution of the will were all-observed. That is a question of fact upon which the findings, are conclusive unless it appears in the record that there is no-evidence tending to sustain, them, and our examination of the, case must…
2Cases cited3 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Peck v. . CaryNew York Court of Appeals · 1863
- Doe v. RoeNew York Supreme Court · 1848
3Cited by49 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- In Re Estate of CullbergCalifornia Supreme Court · 1915
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- Ritchey v. JonesSupreme Court of Alabama · 1923
- In re the Probate of the Last Will and Testament of BarnesAppellate Division of the Supreme Court of the State of New York · 1902
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