In re Proving the Last Will & Testament & Codicil of Shannon
Appellate Division of the Supreme Court of the State of New York
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.”
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2Cases cited1 opinion
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Dorr v. EsdersAppellate Division of the Supreme Court of the State of New York · 1906