In re the Probate of the Last Will & Testament of Drake
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Joseph H. Drake and others, from a decree of the Surrogate.’s Oourt of Jefferson county, entered in said Surrogate’s Oourt on the 25th day of September, 1897, adjudging that an instrument- purporting to be the last will and testament of David Drake, deceased, was properly executed and that it is genuine and valid, and that the deceased, at the time of the execution of the instrument, was competent to execute the same and was not under restraint or…
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Appeal by the contestants, Joseph H. Drake and others, from a decree of the Surrogate.’s Oourt of Jefferson county, entered in said Surrogate’s Oourt on the 25th day of September, 1897, adjudging that an instrument- purporting to be the last will and testament of David Drake, deceased, was properly executed and that it is genuine and valid, and that the deceased, at the time of the execution of the instrument, was competent to execute the same and was not under restraint or undue influence, and had testamentary capacity to make a will disposing of his personal property, and admitting said…
1Opinion of the Court
Hardin, P. J.:
On the 24th of April, 1896, at the residence of liis nephew, Alonzo Drake, in the town of Philadelphia, David Drake, a bachelor, at the advanced age of ninety-one years, died, having at the time of his death about $18,000 of personal property and 965 acres of land, worth in the neighborhood of $40,000, which property he had accumulated in the course of his long life. On the ninth of March he was taken ill and a physician was called to attend him. For several days he was confined to his bed, having catarrhal pneumonia. On the sixteenth of March his physical condition was quite…
2Cases cited10 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Horn v. . PullmanNew York Court of Appeals · 1878
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- In re SeagristAppellate Division of the Supreme Court of the State of New York · 1896
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- In re IredaleAppellate Division of the Supreme Court of the State of New York · 1900
- In re Proving the Last Will & Testament of CutterAppellate Division of the Supreme Court of the State of New York · 1916
- In re TyndallAppellate Division of the Supreme Court of the State of New York · 1907
4 more not listed; retrieve them via the Exa API.