In re Perego's Will
New York Supreme Court
Appeal from surrogate’s court, Ontario county. Application for probate of the will of Joseph Per ego, deceased. Probate denied, and proponents appeal. Reversed.
1Opinion of the CourtDwight, P. J.
No question was made of the testamentary capacity of the decedent, nor that the alleged will was duly executed by him. The questions of fact upon which there was some conflict of evidence, and in respect to which the evidence was held by the learned surrogate to be insufficient to warrant the granting of probate of the will, related (1) to the due publication thereof by the deceased as his will, and (2) to the request by the deceased that the witnesses should attach their names as subscribing witnesses thereto. The decedent was an unmarried man of upwards of 60 years of age, and had been deaf…
2Cases cited2 opinions
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- In re Revocation of the Probate of the Will of StillmanNew York Surrogate's Court · 1890
3Cited by2 opinions
- In re Proving the Last Will & Testament of McGrawAppellate Division of the Supreme Court of the State of New York · 1896
- In re Hardenburg's WillNew York Supreme Court · 1895