Legal Opinion

In re Proving the Last Will & Testament of Dotterweich

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1924PublishedCited by 2 opinions

1Opinion of the Court

Clark, J.:

On the 28th day of February, 1919, Mrs. Maria T. Dotterweich, who had been a resident of the city of Dunkirk, N. Y., for upwards of sixty years, executed an instrument in writing, which is sought to be proved as her last will and testament.

The executors named in said will inaugurated the usual proceeding for its probate, citations were issued, and on the return of the citation four grandchildren of testatrix interposed objections, denying that the instrument propounded as the last will and testament of testatrix had been duly executed, and alleged lack of testamentary capacity and…

2Cases cited13 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Matter of CaseNew York Court of Appeals · 1915
  3. In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
  4. Smith v. . KellerNew York Court of Appeals · 1912
  5. In Re Proving the Will of HeatonNew York Court of Appeals · 1918

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3Cited by2 opinions

  1. In re Proving the Last Will & Testament of DowdleAppellate Division of the Supreme Court of the State of New York · 1928
  2. In re the Probate of the Will of TropperAppellate Division of the Supreme Court of the State of New York · 1955

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