In Re Proving the Will of Martin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1882, which reversed a decree of the surrogate of the county of Kings, refusing to admit to probate the will of Anna Martin, deceased, and which remitted the proceedings to said surrogate, with directions to admit the same to probate. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1882, which reversed a decree of the surrogate of the county of Kings, refusing to admit to probate the will of Anna Martin, deceased, and which remitted the proceedings to said surrogate, with directions to admit the same to probate. The material facts are stated in the opinion. The facts that the testatrix was very old and feeble, and lived with her son William, and that the will was drawn by a person employed by him, and according to instructions given by him, and that under it…
1Opinion of the CourtDanforth, J.
Anna Martin died on the 10th of September, 1880, leaving three sons, William O., Samuel and Alfred, and four grand-children — children of a deceased daughter — and on the 21st of June, 1881, William O. Martin, as executor, offered to the surrogate of Kings county for probate, as her will, an instrument dated August 9, 1879. The appellant, who was one of thos'e grand-children, appeared as contestant, and alleged in her answer to the petition (1) that the paper was not the last will of the decedent, nor its execution her free and voluntary act; (2) that she was not, at the time of its…
2Cases cited2 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Sutton v. . RayNew York Court of Appeals · 1878
3Cited by56 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Ginter v. GinterSupreme Court of Kansas · 1909
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Sheehan v. KearneyMississippi Supreme Court · 1903
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