In re the Probate of the Last Will & Testament of Hernandez
New York Supreme Court
Appeal by the proponent, Walter Hernandez, from an order of the Surrogate’s Court of Kings county, entered in the office of said surrogate on the 15th day of July, 1913, as resettled by an order entered in said office on the 21st day of July, 1913, denying proponent’s motion for an order disallowing certain proposed interrogatories.
1Opinion of the CourtJenks, P. J.
The will is attacked upon the grounds of non-execution, testamentary incapacity and undue influence. The interrogatories in the commission objected to relate to the actions of a named woman. Neither they nor the record suggest relations between her and the testator, or .even that they knew one another. No interrogatory calls for an answer that bears directly upon the issues. At most, they indicate an occasional association between this woman and the proponent, who is the husband of the testator and practically her sole beneficiary. It is not suggested in the record that the answers to the…
2Cases cited3 opinions
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Zeggio v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1913
- Shafer v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- In re GiauqueNew York Surrogate's Court · 1914