Legal Opinion

In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van Houten

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

Decided July 1, 1896PublishedCited by 10 opinions

. Appeal by Ralph Yan Houten, one of the legatees and devisees named in the last will and alleged codicil of George Yan Houten, deceased, from so much of a decree of the Surrogate’s Court of the county of Rockland, entered in said Surrogate’s Court on the 2d day of July, 1896, as adjudges and decrees “ that the paper presented for probate herein, as a codicil to the said last will and testament and which is dated May 29, 1895, is not a valid codicil to said will, and was…

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. Appeal by Ralph Yan Houten, one of the legatees and devisees named in the last will and alleged codicil of George Yan Houten, deceased, from so much of a decree of the Surrogate’s Court of the county of Rockland, entered in said Surrogate’s Court on the 2d day of July, 1896, as adjudges and decrees “ that the paper presented for probate herein, as a codicil to the said last will and testament and which is dated May 29, 1895, is not a valid codicil to said will, and was executed while the said testator was under restraint and under influence, and is null and void, and that probate be and the…

1Opinion of the Court

Bradley, J.:

George Yan Houten, late of Orange town in the county of Rock-land, made his will on the 7th day of May, 1895, and thereafter, on the twenty-ninth day of the same month, made a codicil thereto. *209He died on August 15, 1895. His will and codicil were afterwards offered for probate in the Surrogate’s Court of that county. Objections to the probate of the codicil only were filed by Edward 0. Van Houten to the effect that it was not duly executed or published ; that the testator was not then competent to make a will, and that it was the result of undue influence. The execution and…

2Cited by10 opinions

  1. In re Proving the Last Will & Testament of CoeAppellate Division of the Supreme Court of the State of New York · 1900
  2. In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
  3. In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
  4. In re the Probate of the Alleged Will of BuelAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re the Probate of the Last Will & Testament of BrunorAppellate Division of the Supreme Court of the State of New York · 1897

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