In re Probate of the Will of Murphy
New York Surrogate's Court
Application for tbe probate of tbe will of deceased. Objections were filed thereto upon the ground that the said will was not properly executed; also upon the ground of fraud and undue influence. Mary Murpby was a native of Ireland, and came to T'roy in 1835 and resided there at the time of her death, which occurred February 25, 1895, aged about eighty years.
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Application for tbe probate of tbe will of deceased. Objections were filed thereto upon the ground that the said will was not properly executed; also upon the ground of fraud and undue influence. Mary Murpby was a native of Ireland, and came to T'roy in 1835 and resided there at the time of her death, which occurred February 25, 1895, aged about eighty years. The paper offered for probate was made about five years before her death, and is dated March 31, 1890. The deceased could neither read nor write. She had been married, but her husband died about twenty years prior to her decease. There…
1Opinion of the Court
Lansing, S.
Two important questions are presented for 'decision in this case. The first relates to the execution of the will. The second involves the charge of fraud and undue influence in procuring its execution on the part of the principal beneficiary. It is claimed on the part of the contestants that the will was not properly published by the deceased, and also that the deceased was. not advised of the contents of the will prior to its execution. There is no claim made that she was not a woman of fair intelligence and of sound mind, but it is claimed that since she could neither read nor…
2Cases cited14 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- Ford v. . HarringtonNew York Court of Appeals · 1857
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Gilbert v. . KnoxNew York Court of Appeals · 1873
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3Cited by4 opinions
- In re the Estate of ArcowskyNew York Surrogate's Court · 1939
- In re the Estate of FoxNew York Surrogate's Court · 1941
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
- Estate of Fleishman, Superior Court of California, County of San Francisco1892