Wells v. Preston
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Suffolk County. Proceedings by J. Madyson Wells for the probate of the will of Jonathan Preston, deceased, in which H. Stephen Preston and other» appeared as contestants. From a judgment denying probate, the proponent appeals. On February 11, 1904, William T. Ross, a nephew of Jonathan Preston, instituted proceedings de lunático inquirendo to have his uncle declared incompetent .and for the appointment of a committee of his person and property.
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Appeal from Surrogate’s Court, Suffolk County. Proceedings by J. Madyson Wells for the probate of the will of Jonathan Preston, deceased, in which H. Stephen Preston and other» appeared as contestants. From a judgment denying probate, the proponent appeals. On February 11, 1904, William T. Ross, a nephew of Jonathan Preston, instituted proceedings de lunático inquirendo to have his uncle declared incompetent .and for the appointment of a committee of his person and property. On March 2d, following, the commissioner to whom the writ issued, and a jury of 2Ó men; summoned and sworn as required…
1Opinion of the CourtRich, J.
The ruling of the surrogate, admitting that portion of the inquisition finding Preston incompetent for more than a year prior to the time it was taken, was erroneous. Section 2335 of the Code of Civil Procedure expressly limited and confined the inquiry as to the competency of Preston to the time of the hearing, which was December 6, 7, and 8, 1904. It is immaterial that the petition upon which the proceeding was instituted omitted the word “lunacy” and alleged incompetency arising from old age, loss of memory, and under*314standing as its basis, as the word “lunacy” as used in section 2335 of…
2Cases cited11 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Hughes v. . JonesNew York Court of Appeals · 1889
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
- Nelson v. . Village of OneidaNew York Court of Appeals · 1898
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