In re the Probate of the Last Will & Testament of Weed
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Arthur from a decree of the Surrogate’s Court of the county of Essex, entered in said Surrogate’s Court on the 8th day of September, 1910, adjudging that an instrument dated July 28, 1908, and purporting to be the last will and testament of Alexander H. Weed, deceased, was properly executed; that the deceased at the time of executing the same was in all respects competent to make a will and not under any restraint or undue influence, and admitting the will…
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Appeal by Mary E. Arthur from a decree of the Surrogate’s Court of the county of Essex, entered in said Surrogate’s Court on the 8th day of September, 1910, adjudging that an instrument dated July 28, 1908, and purporting to be the last will and testament of Alexander H. Weed, deceased, was properly executed; that the deceased at the time of executing the same was in all respects competent to make a will and not under any restraint or undue influence, and admitting the will to probate. Alexander H. Weed died in the town of Ticonderoga, county of-Essex, at the age of sixty-five years and ten…
1Opinion of the Court
Sewell, J.:
The evidence given upon the hearing before the surrogate showed that all the statutory formalities relating to the execution of the will were complied with, and we think that it was sufficient to support the conclusion of the surrogate, that the deceased had the capacity necessary to dispose of his property, that he had full knowledge of the will and its provisions and that the will was not procured by any fraud or undue influence.
It is claimed, however, that the record discloses certain rulings by the surrogate in the course of the proceedings before him that were erroneous.…
2Cases cited4 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Post v. . MasonNew York Court of Appeals · 1883
- Snyder v. . ShermanNew York Court of Appeals · 1882
3Cited by2 opinions
- In re the Final Judicial Settlement of the Account of Proceedings of SeymourNew York Surrogate's Court · 1920
- In re the Accounting of GreenbergAppellate Division of the Supreme Court of the State of New York · 1957