Legal Opinion

In re the Probate of Blaine

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

Decided March 8, 1911PublishedCited by 4 opinions

Appeal by Winifred J. Blaine, from a decree of the Surrogate’s Court of the county of Seneca, entered in the Surrogate’s Court on the 19th day of February, 1910, refusing to admit to probate a certain paper purporting to be the last will and testament of W. Frank Blaine, deceased.

1Opinion of the Court

Spring, J.:

W. Frank Blaine died January 23, 1909, leaving him surviving his widow, the appellant, and one sister and two brothers, each of full age, his only heirs at law and next of kin.

He was married to the appellant in January, 1904, and executed *688the instrument propounded on the fifth of the succeeding May, by which he gave all of his property to his wife, consisting of both real and personal estate of the value of about $18,000; and she was also named as sole executrix of said will. Upon the return of the ■citation for the probate of the will objections to its probate were filed by…

2Cases cited4 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Eisenlord v. . ClumNew York Court of Appeals · 1891
  3. In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
  4. Baldwin v. WalkerNew York Supreme Court · 1893

3Cited by4 opinions

  1. In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
  2. In re Gedney's WildNew York Surrogate's Court · 1913
  3. In re the Probate of a Paper Propounded as the Last Will & Testament of MooneyNew York Surrogate's Court · 1911
  4. Hines v. HinesAppellate Division of the Supreme Court of the State of New York · 1922

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