Legal Opinion

In re the Probate of the Will of Kiedaisch

New York Surrogate's Court

Decided December 15, 1890PublishedCited by 1 opinion

Application for the probate of a paper propounded as the will of Andreas Kiedaisch, deceased. Upon the probate of the will where the mental capacity of the testator was questioned, it appeared that the testator had been confined in the Bloomingdale Asylum for the insane on the certificate of commitment of two physicians and that he was afflicted with a disease known as general paresis, in November, 1886, and that the testator remained there till October, 1887, when he was…

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Application for the probate of a paper propounded as the will of Andreas Kiedaisch, deceased. Upon the probate of the will where the mental capacity of the testator was questioned, it appeared that the testator had been confined in the Bloomingdale Asylum for the insane on the certificate of commitment of two physicians and that he was afflicted with a disease known as general paresis, in November, 1886, and that the testator remained there till October, 1887, when he was taken out by his relatives; and that subsequently and on the 4th of March, 1888, he intermarried with the proponent, a…

1Opinion of the Court

The Surrogate (orally).

I have given very careful and painstaking attention to every word of the testimony in this proceeding, and I have listened with a great deal of interest to the careful statements, by both counsel, of the law, and in the main I agree with them. The duty of the Surrogate is made very clear by our statute. This proceeding presents but a single question of fact to be determined. It is conceded that the paper propounded as the last will of this decedent, Andreas Kiedaisch, was executed by him on the 13th day of July, 1888. It is also conceded *441that he died in Amityville, a…

2Cases cited6 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
  3. Cane v. WatsonSupreme Court of Iowa · 1840
  4. In re Lissauer's WillNew York Surrogate's Court · 1889
  5. In re the application for the probate of the will of BushNew York Surrogate's Court · 1889

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

3Cited by1 opinion

  1. In re Swan's EstateUtah Supreme Court · 1918

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