Legal Opinion

In re the Probate of the Last Will & Testament of Burnham

New York Surrogate's Court

Decided June 15, 1921PublishedCited by 1 opinion

Proceeding upon the probate of a will.

1Opinion of the Court

Slater, S.

Upon the trial, the issues numbers 1, 2 and 3, all relating to the execution of the will, were taken from the jury and a verdict directed by the court in favor of the will. The issue number 4 relates to testamentary capacity, and the issues numbers 5 and 6 relate to restraint, fraud and undue influence. The jury found, in answer to the specific question number 4 that, at the time of the execution of the will, the decedent was of unsound mind and did not possess testamentary capacity, and, as to the specific questions numbers 5 and 6, that the will was not procured through restraint,…

2Cases cited24 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Delafield v. . ParishNew York Court of Appeals · 1862
  3. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  4. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  5. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893

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3Cited by1 opinion

  1. In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922

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