In Re the Probate of the Last Will & Testament of Dunham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a decree of the Surrogate’s Court of King’s county admitting to probate the will and codicil thereto of Alfred F. Dunham, deceased. Ho contest was made as to probate of the will. Probate of the codicil was contested on the ground of undue influence, restraint and mental incapacity.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a decree of the Surrogate’s Court of King’s county admitting to probate the will and codicil thereto of Alfred F. Dunham, deceased. Ho contest was made as to probate of the will. Probate of the codicil was contested on the ground of undue influence, restraint and mental incapacity. By the codicil an additional legacy of $3,000 was given to Mary Holte. In all other respects it confirmed and ratified the provisions of the will. On the hearing…
1Opinion of the CourtGray, J.
All the questions presented in this record were rightly disposed of in the courts below. The only "ones which, in my opinion, were of sufficient importance to demand consideration arose upon the exceptions of the appellant to the exclusion of the evidence of a witness, as to the conversations and transactions had by decedent with the witness and with others in the presence of the witness. The witness was the nephew and both a specific and residuary legatee under the will of the testator. The object of the proposed evidence could only have been to show undue influence, or restraint, exerted…
2Cases cited2 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
3Cited by20 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- Boyd v. . BoydNew York Court of Appeals · 1900
- Hutton v. . SmithNew York Court of Appeals · 1903
- Eighmie v. TaylorNew York Supreme Court · 1893
- Burdick v. . BurdickNew York Court of Appeals · 1905
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