In re Keeler's Will
New York Supreme Court
Appeal from surrogate’s court, Cayuga county. Mary Keeler, who was named as executrix of the alleged will of Morris Keeler, deceased, offered it for probate, which was contested by William Keeler and others, the heirs at law and next of kin of testator. Probate-being refused, the proponent appeals.
1Opinion of the CourtBarker, P. J.
The will was executed in due form, and all its provisions-are lawful. It is therefore for the contestants to make a clear case establishing the testator’s testamentary incapacity as a ground for denying the same probate. The testator’s property consisted mostly of real estate, being a farm, on which he lived, which was of the value of about $12,000, all of which he devised and bequeathed to his wife. Ho child of his survived him. Had the-testator died intestate, his heirs at law who would have inherited his real estate were his two brothers and two sisters, and several nephews and nieces,…
2Cases cited7 opinions
- American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
- Will of SmithWisconsin Supreme Court · 1881
- In re the Probate of Two Papers Propounded as the Last Will & Testament of FormanNew York Supreme Court · 1869
- Kimball v. AdamsWisconsin Supreme Court · 1881
- Robinson v. AdamsSupreme Judicial Court of Maine · 1870
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3Cited by3 opinions
- Buchanan v. PierieSupreme Court of Pennsylvania · 1903
- In re White's WillNew York Supreme Court · 1889
- In re the Application for Probate of the Will of LockwoodNew York Surrogate's Court · 1889