Legal Opinion
In re the Probate of the Will of Ernst
New York Surrogate's Court
Decided February 18, 1949PublishedCited by 4 opinions
1Opinion of the Court
Buscaglia, S.
This is a proceeding for the probate of an alleged will of August E. Ernst, deceased.
The contestants object to the probate and allege decedent’s testamentary incapacity, fraud, deceit and/or undue influence. The proponent now moves this court to strike out the objection of testamentary incapacity on the grounds that decedent’s competency was tried out by a court of competent jurisdiction, namely the Supreme Court of Erie County, wherein after a *238hearing was duly held, a jury returned a verdict on the 25th day of April, declaring the decedent competent to manage himself and his…
2Cases cited7 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- In re SeagristAppellate Division of the Supreme Court of the State of New York · 1896
- People v. . McClellanNew York Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Friedman v. Celfan Building Corp.New York Supreme Court · 1958
- Runals v. Niagara UniversityNew York Supreme Court · 1959
- Thompson v. ShevlinNew York Supreme Court · 1964
- In re the Probate of the Will of ErnstAppellate Division of the Supreme Court of the State of New York · 1949