Legal Opinion
In re the Probate of the Will of Johnson
New York Surrogate's Court
Decided May 9, 1952PublishedCited by 2 opinions
1Opinion of the Court
Rubenstein, S.
The court is satisfied that the propounded instrument was executed in compliance with the requirements of section 21 of the Decedent Estate Law and at the time of such execution decedent was of full age, competent in all respects to make a will and free from any restraint or undue influence.
The sole question remaining is whether letters testamentary shall issue to the nominated executrix, the petitioner. It is contestant’s claim that petitioner is incompetent to serve because of the provision of section 94 of the Surrogate’s Court Act, which forbids the issuance of letters…
2Cases cited14 opinions
- People v. OlahNew York Court of Appeals · 1949
- Matter of DoneganNew York Court of Appeals · 1940
- People Ex Rel. Atkins v. JenningsNew York Court of Appeals · 1928
- Taylor v. SnyderNew York Supreme Court · 1846
- Matter of McKinney v. HamiltonNew York Court of Appeals · 1940
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re AnonymousNew York Surrogate's Court · 1959
- In re the Estate of MurphyNew York Surrogate's Court · 1987