Snyder v. . Sherman
New York Court of Appeals
This was an appeal from a judgment of General Term affirming the decree of a surrogate admitting to probate the will of Elizabeth Snyder, deceased. The probate was contested on the ground of want of mental capacity to make a will. The court held that the evidence sufficiently established mental capacity, and that the decisions of the surrogate and of the General Term were final.
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This was an appeal from a judgment of General Term affirming the decree of a surrogate admitting to probate the will of Elizabeth Snyder, deceased. The probate was contested on the ground of want of mental capacity to make a will. The court held that the evidence sufficiently established mental capacity, and that the decisions of the surrogate and of the General Term were final. (Code of Civil Procedure, § 1337; Davis v. Cla/rk, 87 N. Y. 623 ; In re Ross, id. 514.) It was argued “ that the surrogate admitted illegal incompetent testimony under objection by the contestant, and rejected proper…
1Opinion of the Court
Danforth, J.,
reads for affirmance.
All concur, except Rapadlo, J., absent; Tract, J., concurring in result.
Judgment affirmed.
2Cited by7 opinions
- In re SeagristAppellate Division of the Supreme Court of the State of New York · 1896
- In re White's WillNew York Supreme Court · 1889
- In re the Probate of the Last Will & Testament of WeedAppellate Division of the Supreme Court of the State of New York · 1911
- In re Mellen's EstateNew York Supreme Court · 1893
- In re Moulton's EstateNew York Supreme Court · 1890
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