Cadmus v. Oakley
New York Surrogate's Court
Petition for the probate of decedent’swill, presented by Gilbert Oakley, an executor therein named; opposed by M. Sanford Cadmus, and others, heirs at law of decedent. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
This is a controversy over the probate of a paper propounded as decedent’s will. The proponent has rested, after examining the two subscribing witnesses. Contestants’ counsel now moves that probate be denied the instrument in question, for the lack of satisfactory proof of its execution. He particularly insists that there is no evidence from which the Surrogate can justly find that the decedent, when she executed the disputed paper, was acquainted with its contents.
*300Upon examination of the evidence, I find that there has been a failure to prove any of the propositions specified…
2Cases cited4 opinions
- In re BryanThe Superior Court of New York City · 1877
- Beall v. DeyNew York Supreme Court · 1832
- Eaton v. NorthNew York Supreme Court · 1850
- Pulver v. HiserodtNew York Supreme Court · 1847
3Cited by1 opinion
- In re PlumbNew York Supreme Court · 1892