In re Benjamin's Will
New York Surrogate's Court
In the matter of the probate of the will of Alice Eliza, Benjamin, deceased, contested by Adelia A. Crawford, on the grounds of want of execution, want of testamentary capacity, and undue influence.
1Opinion of the Court
FOWLER, S.
The probate of the last will and testament of Alice Eliza Benjamin, deceased, is contested by Adelia A. Crawford, claiming to be the next of kin and heir at law of the testatrix. The objections interposed to the probate present the usual grounds of contest: (1) Denial of the factum of will-; (2) want of capacity in testatrix ; and (3) undue influence exerted over the testatrix.
The proofs taken at the hearing disclose that the contestant is a first cousin of testatrix, but that she' was not for many years on terms of intercourse with Mrs. Benjamin. It seems that there had been some…
2Cases cited18 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Post v. . MasonNew York Court of Appeals · 1883
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3Cited by5 opinions
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
- In re Schmidt's WillNew York Surrogate's Court · 1912
- Merling v. MerlingCourt of Special Appeals of Maryland · 1993