Legal Opinion

In re Suydam's Will

New York Supreme Court

Decided February 11, 1895PublishedCited by 7 opinions

Appeal from surrogate’s court, Kings county. Proceeding for the probate of the will of Adrian M. Suydam, deceased. The probate was contested by Leah V. C. Naul and three others, the daughters of Peter F. Suydam, testator’s brother. The will was admitted to probate, and contestants appeal.

1Opinion of the CourtCullen, J.

This is an appeal from a decree of the surrogate of the county of Kings admitting to probate the last will and a codicil thereto of Adrian M. Suydam. This appeal presents solely a question of fact. The evidence is brief, and requires but little discussion. The appellants are nieces of the testator, and disinherited by his will. There is no question here of dementia, or loss of intellect; therefore the only attack that can be made on the will is either the allegation of undue influence or of mental delusion as to the appellants. There is no evidence whatever to support the first charge, except…

2Cases cited2 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865

3Cited by7 opinions

  1. In re Campbell's WillNew York Surrogate's Court · 1912
  2. In re the Estate LawsonAppellate Division of the Supreme Court of the State of New York · 1980
  3. Haughian v. ConlanAppellate Division of the Supreme Court of the State of New York · 1903
  4. In re Benjamin's WillNew York Surrogate's Court · 1911
  5. In re Hawley's WillNew York Surrogate's Court · 1904

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