In re the Estate of Sears
New York Surrogate's Court
Proceedings on prohate of will.
1Opinion of the Court
Davie, S.
The testatrix died March 26, 1900, leaving her surviving one daughter and two grandsons, the children of a deceased son, as her only heirs-at-law and next of kin.
The instrument offered for probate bears date July 25, 1884, and by its provisions the testatrix gives her entire estate to the daughter. The grandsons contest the probate on the alleged grounds of undue influence and lack of testamentary capacity, as well as upon the ground of a failure to comply with the statutory requirements in the execution of the will.
The evidence quite satisfactorily shows testamentary capacity on the…
2Cases cited9 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Lane v. . LaneNew York Court of Appeals · 1884
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
- Brick v. . BrickNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- Ross v. TaylorSouth Dakota Supreme Court · 1917
- Hauer v. HauerSouth Dakota Supreme Court · 1922
- In re a Paper Propounded for Probate as the Last Will & Testament of KlinznerNew York Surrogate's Court · 1911
4 more not listed; retrieve them via the Exa API.