Legal Opinion

In re Proving the Last Will & Testament & Codicil of Shannon

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

Decided April 15, 1904PublishedCited by 1 opinion

Appeal by the petitioner, Euphemia McHugh, as the executrix and residuary legatee named in the last will and testament pf Annie Shannon, deceased, from a decree of the Surrogate’s Court of the co.unty of Richmond, entered in said Surrogate’s Court pn the 20th day of April, 1903, refusing to admit to- probate instruments propounded as the last-will and testament and the codicil thereto of Annie Shannon, deceased.

1Opinion of the Court

Per Curiam :

The learned surrogate has refused probate to the 'paper writings propounded as the last will and testament of . Annie. Shannon, deceased, and a codicil thereto, on two grounds, as indicated by his findings: (1)8 That the testamentary capacity of the decedent was not sufficient to make a will, or to understand the provisions of the papers propounded as her last will and codicil; and (2) that at the time of the execution of the instruments the decedent was a weak and feeble-minded woman, and executed the same “under an improper influence exercised over her by the proponent herein.”

*374Th…

2Cases cited1 opinion

  1. In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. Dorr v. EsdersAppellate Division of the Supreme Court of the State of New York · 1906

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