Dickie v. Van Vleck
New York Surrogate's Court
Application for the probate of a will, by Emma D. Van Vleck, a daughter and an executrix, etc., of decedent, who died in November, 1877, aged eighty-four years, and leaving an estate of over $800,000. Objections to the probate were filed by Edward P. Dickie, a son of decedent, and others, on the grounds that the instrument propounded was not the last will and testament of decedent; that he was not of sound mind ; that he did not acknowledge the same or declare it to be his…
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Application for the probate of a will, by Emma D. Van Vleck, a daughter and an executrix, etc., of decedent, who died in November, 1877, aged eighty-four years, and leaving an estate of over $800,000. Objections to the probate were filed by Edward P. Dickie, a son of decedent, and others, on the grounds that the instrument propounded was not the last will and testament of decedent; that he was not of sound mind ; that he did not acknowledge the same or declare it to be his last will and testament; that the witnesses did not sign at decedent’s request; that decedent revoked and annulled the…
1Opinion of the Court
The Surrogate.
[After a review of all the testimony.]—The first question to be considered is whether the proof of the factum of the'will is sufficient to justify its *286probate. Defendant’s mental capacity being established, the contestants’ counsel claims that there is not sufficient evidence to satisfy the mind of the court that the paper propounded really represents the intention of the testator ; and in this connection, the facts as to the preparation and execution of the instrument should be stated. Mr. Peckham testified to the due and formal execution of the instrument according to the…
2Cases cited9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Delafield v. . ParishNew York Court of Appeals · 1862
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Horn v. . PullmanNew York Court of Appeals · 1878
- Monarque v. . MonarqueNew York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Probate of the Alleged Codicil of the Last Will & Testament of BossomAppellate Division of the Supreme Court of the State of New York · 1921
- In re Contested Will of BarbineauNew York Surrogate's Court · 1899
- Potter v. McAlpineNew York Surrogate's Court · 1885
- In re the Alleged Will of ConnorNew York Surrogate's Court · 1899