Evans v. Trimble
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert Trimble, individually and as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 15th day of January, 1915, upon the decision of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the same day, upon which order the said judgment was entered.
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Appeal by the defendant, Robert Trimble, individually and as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 15th day of January, 1915, upon the decision of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the same day, upon which order the said judgment was entered. The judgment determined that a paper dated June 17, 1910, admitted to probate as the will of Elizabeth T. Evans, deceased, is not the…
1Opinion of the Court
Kellogg, J.:
The chief beneficiary prepared the will and caused its execution. The witnesses saw it signed, but the contents were not made known to them or to the testatrix at the time. Ho one but the husband knows whether or not she understood its contents and effect. He is a lawyer. June 17, 1910, she made her will in which she only gave him the use of the house and furniture during his life, and at his death it went to her brothers and the descendants of a deceased brother. The real estate was worth about $2,350, and she had $5,000 cash in the bank. The principal part of the money came from…
2Cited by3 opinions
- In re the Estate of ReillyNew York Surrogate's Court · 1931
- In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956
- In re the Estate of McGloneNew York Surrogate's Court · 1938