Legal Opinion
In re the Probate of the Last Will & Testament & Codicil Thereto of Roberts
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1935PublishedCited by 4 opinions
1Opinion of the CourtLewis, J.
When the will and codicil of Luella J. Roberts, deceased, were presented for probate, objections alleging the incompetency of the testatrix, undue influence and fraud were filed by Mary Willoughby Armstrong, the sole next of kin, and Martha Matilda Harper MacBain, who claims to be the sole legatee named in a prior will of the decedent. Upon the trial which followed the surrogate dismissed the objections which alleged incompetency. The verdict sustained the will and thereupon a decree of probate was entered from which the two objectors appeal.
We shall confine our decision chiefly to the ruling…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- Hagan v. . SoneNew York Court of Appeals · 1903
- In Re Proving the Will of DelmarNew York Court of Appeals · 1926
- Lamphear v. MacLeanAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by4 opinions
- Public Operating Corp. v. WeingartAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Probate of the Last Will and Testament of LawlerAppellate Division of the Supreme Court of the State of New York · 1937
- Sineri v. J. Smilkstein & Sons, Inc.New York Supreme Court · 1954
- J. W. Mays, Inc. v. Glen Oaks Shopping Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1957