Legal Opinion

In Re Will of Collins

Supreme Court of Delaware

Decided February 28, 1969PublishedCited by 7 opinions

1Opinion of the Court

HERRMANN, Justice:

The Orphans’ Court affirmed the action of the Register of Wills in denying probate of the Will of Estelle B. Collins on the ground that she lacked the testamentary capacity to execute the Will. The proponent of the Will appeals.

The proponent contended in the Orphans’ Court, and now contends here, (1) that, under Nardo v. Nardo, Del., 209 A.2d 905 (1965), she was entitled to a rehearing of the evidence on appeal to the Orphans’ Court; but if not, (2) that the record made before the Register shows that he committed reversible error in finding lack of testamentary capacity.

I

The…

2Cases cited4 opinions

  1. Lank v. SteinerSupreme Court of Delaware · 1966
  2. Nardo v. NardoSupreme Court of Delaware · 1965
  3. Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
  4. Denver & R. G. W. R. Co. v. Public Service CommissionUtah Supreme Court · 1940

3Cited by7 opinions

  1. DiGiacobbe v. SestakSupreme Court of Delaware · 1999
  2. In the Matter of LeveringSupreme Court of Delaware · 1970
  3. DeFeo v. DeFeoDelaware Family Court · 1981
  4. In Re the Estate of BandurskiCourt of Chancery of Delaware · 1971
  5. In re the Estate of LeveringOrphan's Court of Delaware · 1970

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