Legal Opinion
In re the Estate of Chinsky
New York Surrogate's Court
Decided January 24, 1934PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
The objections to the probate upon which theissue is joined comprise all of the elements of the usual “ omnibus broadside,” namely, that the propounded instrument is not the last will of the decedent; that it was not executed as required by law; that at the time of its execution the decedent did not possess testamentary capacity, and that its execution was produced by fraud and undue influence. It is, of course, only in respect to the last-named issue that contestants are obliged to make an affirmative demonstration (Matter of Mullin, 143 Misc. 256, 258, 259), and it was formerly…
2Cases cited10 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- In re the Estate of MullinNew York Surrogate's Court · 1932
- In Re the Probate of the Will of SchillingerNew York Court of Appeals · 1932
- In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
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3Cited by5 opinions
- In re the Probate of the Will of KreutzburgNew York Surrogate's Court · 1945
- In re the Estate of DaleNew York Surrogate's Court · 1936
- In re the Estate of RiordanNew York Surrogate's Court · 1937
- Moosmeier v. JohnsonSouth Dakota Supreme Court · 1987
- Moosmeier v. JohnsonSouth Dakota Supreme Court · 1987