In re the Probate of the Last Will & Testament of Lawrence
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Grace Lawrence and another, two of the next of kin and heirs at law of De Witt C, Lawrence, deceased, from so much, of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate's Court on the 24th day of May, 1899, as adjudges as follows : “ Ordered, adjudged and decreed, that the aforesaid objections to the probate be, and the same hereby are, dismissed, as unproved and unsnstained; and it is further “ Ordered, that…
Read the full summary
Appeal by the contestants, Grace Lawrence and another, two of the next of kin and heirs at law of De Witt C, Lawrence, deceased, from so much, of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate's Court on the 24th day of May, 1899, as adjudges as follows : “ Ordered, adjudged and decreed, that the aforesaid objections to the probate be, and the same hereby are, dismissed, as unproved and unsnstained; and it is further “ Ordered, that the said instrument in writing purporting to be the last will and testament of the said Be Witt C. Lawrence, deceased, was…
1Opinion of the Court
Ingraham, J.:
The appellants question in this proceeding the testamentary capacity of the testator, and upon this appeal seek to reverse the decree of the surrogate admitting the will of the testator to probate solely upon the ground'that, upon the evidence, his testamentary capacity was not established. In determining this question, we are mindful *85of section 2586 of the Code of Civil Procedure, which provides that where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact which the surrogate had; and we have considered the question of fact…
2Cited by9 opinions
- In re Swan's EstateUtah Supreme Court · 1918
- In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
- Moritz v. MoritzAppellate Division of the Supreme Court of the State of New York · 1912
- Rattray v. HunttingAppellate Division of the Supreme Court of the State of New York · 1960
- George v. PeopleNew York Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.