Legal Opinion

In re the Probate of the Will of Egger

New York Surrogate's Court

Decided March 11, 1947PublishedCited by 4 opinions

1Opinion of the Court

Wither, S.

In this probate proceeding the contestant has raised the issue of undue influence as well as of due execution and competency. The will is dated March 2, 1942. The testator died September 23, 1946. The contestant seeks to examine before trial Lois M. Brown, a daughter, and Donald S. Brown, a grandson of said testator, as adverse parties, and Stewart C. Brown, the husband of Lois M. Brown and father of Donald S. Brown, as a hostile witness, respecting their knowledge of the testator’s mental condition and their acts of undue influence upon him resulting in his execution of the…

2Cases cited11 opinions

  1. Cudney v. . CudneyNew York Court of Appeals · 1877
  2. In re the Estate of FrankNew York Surrogate's Court · 1937
  3. Crellin v. Van DuzerAppellate Division of the Supreme Court of the State of New York · 1944
  4. Angell v. BoothNew York Supreme Court · 1938
  5. Gillette v. WarrenNew York Supreme Court · 1940

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3Cited by4 opinions

  1. In re the Probate of the Will of VeederNew York Surrogate's Court · 1957
  2. In re the Probate of the Will of NugentNew York Surrogate's Court · 1956
  3. In re the Estate of AdamsNew York Surrogate's Court · 1957
  4. In re the Estate of SchneierAppellate Division of the Supreme Court of the State of New York · 1975

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