In re Proving the Last Will & Testament of Barlow
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Caroline L. Hendrie and another, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 11th day of April, 1916, admitting to probate the will of Martha Anna Barlow, deceased, and also from an order entered in said surrogate’s office on the 4th day of February, 1916, settling the issues and denying several motions made during the trial.
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Appeal by the contestants, Caroline L. Hendrie and another, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 11th day of April, 1916, admitting to probate the will of Martha Anna Barlow, deceased, and also from an order entered in said surrogate’s office on the 4th day of February, 1916, settling the issues and denying several motions made during the trial. The contestants further appeal from an order entered in said surrogate’s office on the 15th day of May, 1916., denying their motion to set aside the verdict of the jury…
1Opinion of the Court
Putnam, J.:
These proceedings were- instituted by Nellie W. Dunn, residuary legatee, and daughter of decedent. Both executors named by deceased are dead.
Caroline L. Hendrie and Élbert S. Barlow, daughter and son, respectively, of decedent, filed objections to the probate of the will, and prayed for a jury trial of the issues raised. They alleged that the said last will and testament was not the last will and testament of Martha Anna Barlow, in that it was not duly executed; that said Martha Anna Barlow was not mentally capable of making a will; and that said will was procured by fraud and…
2Cases cited14 opinions
- Matter of CaseNew York Court of Appeals · 1915
- In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Van Alst v. HunterNew York Court of Chancery · 1821
- McClave v. . GibbNew York Court of Appeals · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In Re Cummings' EstateMontana Supreme Court · 1932
- In re the Probate of the Will of MittelstaedtAppellate Division of the Supreme Court of the State of New York · 1952
- In re Proving the Last Will & Testament of EnoNew York Surrogate's Court · 1922
- In re the Probate of a Paper Propounded as the Last Will & Testament of HuberNew York Surrogate's Court · 1918
6 more not listed; retrieve them via the Exa API.