In re the Probate of the Alleged Last Will & Testament of Finch
Appellate Division of the Supreme Court of the State of New York
Appeal, by the proponents, Helen E. Foulds and others, as exec- • utors,. etc., from a decree of the Surrogate’s- Court of the county of Warren, entered in said Surrogate’s. Court on the 9th day of July, 1906, refusing to admit to probate á paper propounded as the last will and testament of George E. Finch, deceased. George E. Finch died on tlie 12th day of January, 1906. He left a widow,. Harriet E. .Finch, but no children.
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Appeal, by the proponents, Helen E. Foulds and others, as exec- • utors,. etc., from a decree of the Surrogate’s- Court of the county of Warren, entered in said Surrogate’s. Court on the 9th day of July, 1906, refusing to admit to probate á paper propounded as the last will and testament of George E. Finch, deceased. George E. Finch died on tlie 12th day of January, 1906. He left a widow,. Harriet E. .Finch, but no children. Ilis- next of. kin are his sister, Helen E. Foulds, and a brother, Jeremiah T. Finch. This brother was not remembered in the will, and successfully, contested its probate…
1Opinion of the Court
Smith, J.:
In Matter of Warnock (103 App. Div. 62) this, court has said that “ The determining rule for the" disposition of these cases is thus expressed in the head note of Matter of Tompkins (69 App. Div. 474): ‘ Where, on an appeal to the Appellate Division from a decree of the Surrogate’s Court, made in a proceeding for the probate of a will, it appears that the disposition, which should be made bf the questions of fact presented by the evidence given is not free from doubt, and the result reached in the Surrogate’s Court is not entirely satisfactory, the Appellate División will send the…
2Cases cited1 opinion
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- In re the Estate of KelloggNew York Surrogate's Court · 1935
- Smith v. QualeNew York Supreme Court · 1914