Norton v. Norton
New York Surrogate's Court
This was a proceeding for. the probate of the last will and testament of Morgan Norton, deceased. The will was offered for probate by Bhoda 0. Borton, the executrix therein named, and the principal legatee. The probate was opposed by Mary A. Borton, a daughter of the testator by a former wife. The will bore date, December 13th, 1861. The testator died in the month of September, 1872. The will was in the handwriting of the testator.
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This was a proceeding for. the probate of the last will and testament of Morgan Norton, deceased. The will was offered for probate by Bhoda 0. Borton, the executrix therein named, and the principal legatee. The probate was opposed by Mary A. Borton, a daughter of the testator by a former wife. The will bore date, December 13th, 1861. The testator died in the month of September, 1872. The will was in the handwriting of the testator. There was a full attestation clause, also in the handwriting of the testator. One of the witnesses to the will died sometime before the testator. The testator…
1Opinion of the Court
The Surrogate.
The only questions now under consideration related to the execution of the will. The evidence clearly established the fact that the testator, at the time of the execution of the will, was in the full possession of his mental faculties, and there was no question raised, but that he was a man of decided capacity. The estate was quite large, consisting mostly of real estate, and is principally devised to his late wife.
The evidence of the surviving subscribing witness was as follows:
Benoni II. Hemminway, being duly sworn, testified:
u 1 now reside atBussel, in St. Lawrence County. In…
2Cases cited9 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Orser v. . OrserNew York Court of Appeals · 1861
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
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3Cited by2 opinions
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- In re Probate of a Paper Purporting To Be the Last Will & Testament of McCabeNew York Surrogate's Court · 1911