Legal Opinion

In re the Probate of the Will of Menge

New York Surrogate's Court

Decided July 15, 1895PublishedCited by 5 opinions

Application for tbe probate of tbe will of Jane Menge.

1Opinion of the Court

Caldee, S'.

Tbe usual answer of mental incapacity and undue influence was introduced in this proceeding, which was afterwards amended to* include allegations of non-compliance with tbe requirements of tbe statute in reference to' the execu*375tion of the instrument offered for probate. Upon the amendment the contestante rely, no testimony being offered to sustain the other objections.

The statute provides that certain formalities must be complied with to entitle a will to be admitted to> probate. • It is not necessary that any particular form be followed, or that any rigid rule of construction of…

2Cases cited4 opinions

  1. Coffin v. . CoffinNew York Court of Appeals · 1861
  2. Gilbert v. . KnoxNew York Court of Appeals · 1873
  3. In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
  4. In re the Probate of the Last Will & Testament of CornellAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. In re Proving the Last Will & Testament of DybalskiAppellate Division of the Supreme Court of the State of New York · 1922
  2. In re Proving the Last Will & Testament of DotterweichAppellate Division of the Supreme Court of the State of New York · 1924
  3. In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
  4. Estate of Fleishman, Superior Court of California, County of San Francisco1892
  5. In re Proving the Last Will & Testament of DybalskiAppellate Division of the Supreme Court of the State of New York · 1922

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