In re Weil
New York Supreme Court
Appeal from surrogate’s court. Appeal from the decree of the surrogate admitting to probate the last will and testament of Emilie Weil. Meyer Oppenheimer and Baer Oppenheimer, contestants.
1Opinion of the CourtBartlett, J.
Upon all the evidence in this case I think it is very doubtful, indeed, whether the decedent possessed testamentary capacity at the time of the execution of the instrument which has been admitted to probate as her will. At the date of her death, on June 20, 1885, Mrs. Emilie Weil, the testatrix, was a widow upwards of 66 years of age. Her husband had been dead about five years, and there never bad been any children of the marriage. Her only next of kin were two brothers, Meyer Oppenheimer, who is the contestant in this proceeding, and who lives in the city of Hew York, and Baer Oppenheimer,…
2Cases cited1 opinion
- American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
3Cited by3 opinions
- In re BullNew York Court of Common Pleas · 1888
- In re the Application for Probate of the Will of LockwoodNew York Surrogate's Court · 1889
- Louisiana Furs, Inc. v. StateSupreme Court of Louisiana · 1939