Van Kleeck v. Phipps
New York Surrogate's Court
Application for the probate of the will of James D; Ingersoll, deceased. The will propounded bore date May 3, 1876, and was witnessed by Francis 0. Reed, E. A. Marcy, and Pile nix Babcock, and appointed James L. Phipps sole executor, and gave all, decedent’s estate, after the payment of his debts and funeral expenses, to Mary A. Phipps, wife of the executor.
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Application for the probate of the will of James D; Ingersoll, deceased. The will propounded bore date May 3, 1876, and was witnessed by Francis 0. Reed, E. A. Marcy, and Pile nix Babcock, and appointed James L. Phipps sole executor, and gave all, decedent’s estate, after the payment of his debts and funeral expenses, to Mary A. Phipps, wife of the executor. Sarah S. Van Kleeck, niece of decedent, and a legatee under a former will, William Van Kleeck and Charles H. Leeds, executors named in the former will, filed objections to the probate, on the grounds that decedent, at the execution of the…
1Opinion of the Court
The Surrogate.—As there is no question raised against the due and formal execution of the instrument propounded as a last will and testament, no further consideration of that part of the case is necessary, especially as the testimony abundantly shows a substantial compliance with the requirements of the statute.
A careful consideration of the testimony, though very conflicting upon the point, I think leaves some doubt as to the mental capacity of the testator to have executed a will before his departure from Augusta. The testimony of the physicians, of course, is most reliable, as their *123duty…
2Cases cited19 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Sears v. . ShaferNew York Court of Appeals · 1852
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3Cited by2 opinions
- Burke v. NolanNew York Surrogate's Court · 1882
- In re the Probate of the Will of KaufmannAppellate Division of the Supreme Court of the State of New York · 1961