In re the Probate of the Last Will & Testament of Johnson
New York Surrogate's Court
Application of Robert H. Fausette for the probate of a paper purporting to be the last will and testament of Rachel A. Johnson, in which he is named as sole executor. Probate opposed by Alfred D. Johnson, a brother of testatrix.
1Opinion of the Court
Nye, S.
Rachel A. Johnson, the testatrix, died on the 5th day of October, 1907. The contestant alleges mental incapacity, undue influence and that the paper offered for probate-was not properly executed and attested and that, if it was ever executed by the testatrix, it had been revoked and destroyed.
The paper propounded for probate is written upon a printed, form, with the usual attestation clause, and consists of a single sheet.
Certain alterations, interlineations and erasures appear upon the face of the instrument. In one clause of the will in which a legacy of $300 was given to Robert H.…
2Cases cited6 opinions
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Brick v. . BrickNew York Court of Appeals · 1876
- Smith v. WaitNew York Supreme Court · 1848
- In re Blair's WillNew York Court of Common Pleas · 1891
- In re the Probate of the Will of WilcoxNew York Surrogate's Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re the Probate of the Will of GoettelNew York Surrogate's Court · 1944