In re the Probate of the Last Will & Testament of Marlor
Appellate Division of the Supreme Court of the State of New York
Appeal by Seth B. Johnson, as executor, etc., of Jane Ann Marlor, deceased, and' others, from a- decree of the. Surrogate’s Court of-the county of Kings, entered in said,Surrogate’s Court on the. 2d day of January* ■ 1907, refusing ■■ to admit to probate an instrument propounded as the last, will and testament of • said decedent.'
1Opinion of the Court
Hirschberg, P. J.:
The surrogate finds as facts in the decree appealed from that the instrument alleged to be the last will and testament of the deceased was not duly executed as required by law; that the testatrix at the time of executing it was incompetent to make a will; and that she was then acting under restraint and undue influence. • Not a word of proof was given on the hearing before the surrogate tending to establish any one of these three findings. On the contrary, the evidence is clear and- concl usive that the will was executed with all the formalities and requirements of the law,…
2Cases cited6 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Post v. . MasonNew York Court of Appeals · 1883
- Haughian v. ConlanAppellate Division of the Supreme Court of the State of New York · 1903
- Clarke v. SchellNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- In re Marlor's WillAppellate Division of the Supreme Court of the State of New York · 1907