In re Proving the Last Will & Testament of Schreiber
Appellate Division of the Supreme Court of the State of New York
Appeal by George Sohreiber from a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 7th day of March, 1905, admitting to probate a paper purporting to be the last will and testament of Jane Sohreiber, deceased.
1Opinion of the Court
McLaughlin, J:
On the 19th of October, 1904, Jane Sohreiber died, leaving what purported to be her last will'and testament, which bore date October 14, 1904, and upon proceedings taken by the executrix therein named, the same was admitted to probate against the objections of. decedent’s husband, as her last will and testament, valid to pass personal property, and he has appealed.
*496The validity of the decree of the Surrogate’s Court admitting the will'to probate, is challenged principally upon'the ground that there was (l).no proof to establish testamentary capacity of the testatrix; arid (2)…
2Cases cited3 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Kingsley v. BlanchardNew York Supreme Court · 1860
- In re the Probate of a Paper Writing Purporting to Be the Last Will and Testament of GoodwinAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by9 opinions
- In re Falabella's WillNew York Surrogate's Court · 1913
- In re Gedney's WildNew York Surrogate's Court · 1913
- In re the Probate of a Paper Propounded as the Last Will & Testament of Van Den HeuvelNew York Surrogate's Court · 1912
- In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of SmithAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Probate of a Paper Propounded as the Last Will & Testament of MooneyNew York Surrogate's Court · 1911
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