Legal Opinion

In re the Estate of Tannenbaum

New York Surrogate's Court

Decided March 22, 1935Published

1Opinion of the Court

Foley, S.

The validity of the execution of the instrument offered as a will has been established by the evidence. The testamentary capacity of the testator has been proven and the objection to the will on the ground of undue influence was withdrawn upon the trial by the contestants. The sole ground of invalidity urged by the contestants is the fact that one of the two subscribing witnesses was an infant at the time she attested the will. When she signed the paper she was a few months under the age of seventeen years. She was a stenographer employed by the attorney who drafted the instrument.…

2Cases cited2 opinions

  1. Spier v. SpierNebraska Supreme Court · 1916
  2. Jones v. TebbettsSupreme Judicial Court of Maine · 1870

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