Legal Opinion · Dissent

In re the Probate of the Will of White

New York Court of Appeals

Decided February 28, 1957Published

1DissentVan Voorhis, J.

The will and codicil of testatrix have been denied probate by an adjudication of mental incompetency. The will was executed April 9, 1929, the codicil September 13, 1929. The only evidence in the record on which a finding of ineompetency could be based consists of the testimony of two witnesses, now deceased, in a proceeding in 1930 for the appointment of a committee. That proceeding was conducted, be it noted, in the year following the year in which testatrix executed the will and codicil. These witnesses were *315her brother, John Haydock, and a Dr. Robertson, who was the supervising physician…

2Cases cited21 opinions

  1. Carter v. . BeckwithNew York Court of Appeals · 1891
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Hughes v. . JonesNew York Court of Appeals · 1889
  4. Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
  5. Keely v. MooreSupreme Court of the United States · 1904

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