In re Stewart's Will
New York Supreme Court
This is an appeal from the decree of the surrogate of Sullivan county, refusing to admit to probate an instrument in writing, purporting to be the last will and testament of Robert Stewart, late of SuJlivan county, deceased. The will was presented to the surrogate for probate upon the petition of the executrix and sole legatee named therein, who was the widow of the testator.
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This is an appeal from the decree of the surrogate of Sullivan county, refusing to admit to probate an instrument in writing, purporting to be the last will and testament of Robert Stewart, late of SuJlivan county, deceased. The will was presented to the surrogate for probate upon the petition of the executrix and sole legatee named therein, who was the widow of the testator. Elizabeth Thomson, one of the subscribing witnesses to the will, and the only child of the testator and petitioner, hied objections to the probate, alleging as follows: (1) The said Robert Stewart was at the time of the…
1Opinion of the CourtMayham, J.
The learned surrogate refused to admit the will to probate, on the ground that there was no sufficient legal proof given of the due execution and validity of said instrument as the last will and testa'ment of said Robert Stewart; “and, further, by reason of the mental incompetency of the said Robert Stewart, that said instrument is utterly null and void, and invalid as and for the last will and testament of the said Robert Stewart, deceased.”
We cannot agree with the learned surrogate upon either of these propositions. Río questions seem to be raised that the formal statutory requisites to the…
2Cases cited2 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
3Cited by3 opinions
- In re JonesNew York Surrogate's Court · 1893
- In re MabieNew York Surrogate's Court · 1893
- In re Mabie's WillNew York Surrogate's Court · 1893