In re the Probate of the Will of Waldron
New York Surrogate's Court
George W. Waldron, on. the 29th day of February, 1892, executed, published and declared an instrument in writing to be his las.t will -and testament. •On or about the middle of July, 1893, in the presence of .a witness, he destroyed the alleged will by burning it.
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George W. Waldron, on. the 29th day of February, 1892, executed, published and declared an instrument in writing to be his las.t will -and testament. •On or about the middle of July, 1893, in the presence of .a witness, he destroyed the alleged will by burning it. On the 16th day of February, 1894, Mr. Waldron died; subsequently one Roswell M. Lee, who claimed to have been named as executor in the alleged will, filed a petition on which citation was issued requiring the heirs^at-law, next of kin and legatees-of Mr. Waldron to appear in Surrogate’s Court on the 25th day of June, 1894, to…
1Opinion of the Court
Lapham, S.
The petitioner is the executor named in the alleged will of George W. Waldron, which, -the-petition states, was duly executed by decedent on February 29, 1892, while he was competent, and was afterwards destroyed by him after he had become incompetent, which destruction, it is claimed, amounted in law to a fraudulent construction of the will in the lifetime of testator.
The contestants unite in objections which allege testamentary incapacity in the testator a.t tire date of the alleged will, and assert that if such will was made it was procured through fraud and undue influence.
The…
2Cases cited2 opinions
- Sheridan v. HoughtonNew York Supreme Court · 1879
- McNally v. BrownNew York Surrogate's Court · 1882
3Cited by7 opinions
- In re OrrellNew York Surrogate's Court · 1929
- In re Proving the Lost Will of AscheimNew York Surrogate's Court · 1912
- In re Forbes' WillNew York Surrogate's Court · 1893
- In re the Estate of SmithNew York Surrogate's Court · 1940
- Estate of Johnson, Superior Court of California, County of San Francisco1903
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