In re Proving the Last Will & Testament of Barney
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponent, Louis V. Ennis, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 22d day of June, 1916, upon a verdict on settled issues with respect to the competency of the alleged testatrix. The decree adjudged that the instrument offered for probate was not the last will and testament of the deceased and was executed when she was incompetent to make a will and denied probate.
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Appeal by the proponent, Louis V. Ennis, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 22d day of June, 1916, upon a verdict on settled issues with respect to the competency of the alleged testatrix. The decree adjudged that the instrument offered for probate was not the last will and testament of the deceased and was executed when she was incompetent to make a will and denied probate. Appellant further appeals from an order entered in the office of said Surrogate’s Court on the 15th day of April, 1916, denying his…
1Opinion of the Court
Laughlin, J.:
The will was offered for probate by the appellant, who was a second cousin of the testatrix, and who was the sole residuary legatee and was designated the sole executor. The other heirs of the testatrix, consisting of two first cousins and sixteen second cousins, were duly cited and appeared, but William D. Van Roden, the respondent, only filed an answer contesting the probate. The issues arising on his answer related to the due execution of the will and to the competency of the testatrix and to whether she executed it free from restraint and undue influence; but on the trial…
2Cases cited32 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Nicholls v. WebbSupreme Court of the United States · 1823
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
27 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of SmithNew York Surrogate's Court · 1930
- In re the Estate of WebbNew York Surrogate's Court · 1923
- In re Proving the Last Will & Testament of PrenticeNew York Surrogate's Court · 1920
- In re the Probate of the Will of MorrisonAppellate Division of the Supreme Court of the State of New York · 1946
16 more not listed; retrieve them via the Exa API.