In re Loewenstine's Estate
New York Court of Common Pleas
Appeal from special term. Petition for the probate of a will of Henry M. Loewenstine by Sanford D. Schwarzenberg, the executor named therein. Objections to the probate of the will were duly filed on behalf of Rosa M. Loewenstine, the widow of testator. By an order of the surrogate the proceedings were transferred to the court of common pleas for the city and county of New York.
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Appeal from special term. Petition for the probate of a will of Henry M. Loewenstine by Sanford D. Schwarzenberg, the executor named therein. Objections to the probate of the will were duly filed on behalf of Rosa M. Loewenstine, the widow of testator. By an order of the surrogate the proceedings were transferred to the court of common pleas for the city and county of New York. From an order by such court denying a motion for a new trial after a verdict by a jury, (Code Civil Proc. § 2547,) the executor, Schwarzenberg, appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The paper propounded as the last -will and testament of Henry M. Loewenstine was executed August 8, 1888, and contained the following provision:
“Second. I hereby give, devise, and bequeath unto my wife, Rosa, the sum of five hundred dollars, as ten thousand dollars of life insurance is in her name, and she has proven herself not to be ,a loving wife. ”
No other provision was made for the wife, and the remainder of the estate was left in trust for the use and benefit of an infant daughter, Gladdys, the decedent’s only child. He died in April, 1890, while confined as a patient in an asylum for…
2Cited by4 opinions
- In re the Will of LaphamNew York Surrogate's Court · 1896
- In re the Will of JenkinsNew York Surrogate's Court · 1903
- In re the Application for the Probate of an Instrument Alleged to be the Will of SodenNew York Surrogate's Court · 1902
- Meyer v. Standard Life & Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1896