In re Western's Will
New York Supreme Court
Appeal from surrogate’s court, Warren county. Application for the probate of an instrument, alleged to be the last will and: testament of Samuel Western, deceased. The decedent left no wife or children, his only heirs and next of kin being the children of a deceased brother,who appear as contestants to the probate of the will and appellants on this-appeal.
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Appeal from surrogate’s court, Warren county. Application for the probate of an instrument, alleged to be the last will and: testament of Samuel Western, deceased. The decedent left no wife or children, his only heirs and next of kin being the children of a deceased brother,who appear as contestants to the probate of the will and appellants on this-appeal. Lewis Burgess, the proponent, and sole executor named in the instrument, drew the same, and is the sole legatee and devisee named in the body of the instrument. On the margin is a note directing a cheese factory to be given to Seymour L.…
1Opinion of the CourtMayham, J.
The position which the contestants seemed to take before the surrogate,—that the testator was wanting in testamentary capacity,—upon which subject considerable evidence was taken, does not seem to be urged here except as his physical and mental condition can be made to bear upon the question of deception or undue influence, claimed to have been practiced by the proponent upon the testator in shaping the provisions of the will. It is quite apparent from all the evidence that the testator was not wanting in testamentary capacity to make a valid testamentary disposition of his property, and, if…
2Cases cited5 opinions
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Post v. . MasonNew York Court of Appeals · 1883
- Newhouse v. GodwinNew York Supreme Court · 1853
- McLaughlin v. . McDevittNew York Court of Appeals · 1875
3Cited by5 opinions
- In re Proving the Last Will & Testament of JonesAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of AngleNew York Surrogate's Court · 1933
- In re GannonNew York Surrogate's Court · 1911
- In re RentelenNew York Surrogate's Court · 1902
- In re the Probate of a Certain Instrument Alleged to be the Last Will & Testament of RintelenNew York Surrogate's Court · 1902