In re the Probate of an Instrument Alleged to be the Last Will & Testament of Westurn
New York Supreme Court
Appeal by tbe contestants, Harvey Westurn, Elmer Westurn, Adele Carney, Clement Westurn and Herbert Westurn, nephews and nieces of Samuel Westurn, deceased, from a decree, entered in the office of the surrogate of Warren county on the 24th day of November, 1890, admitting to probate the alleged will of Samuel Westurn after a trial in the Surrogate’s Court of Warren county.
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Appeal by tbe contestants, Harvey Westurn, Elmer Westurn, Adele Carney, Clement Westurn and Herbert Westurn, nephews and nieces of Samuel Westurn, deceased, from a decree, entered in the office of the surrogate of Warren county on the 24th day of November, 1890, admitting to probate the alleged will of Samuel Westurn after a trial in the Surrogate’s Court of Warren county. The deceased left no wife or children, his only heirs and next of kin being the children of a deceased brother, who appeared as contestants to the probate of the will and appellants on this appeal. Lewis Burgess, the…
1Opinion of the Court
MatiiaM, J.:
The position which the contestants seemed to take before the surrogate, that the testator was wanting in testamentary capacity, upon which subject considerable evidence was taken, does not seem to be urged here except as his physicial and mental condition can be made to bear upon the question of deception or undue influence, claimed to have been practiced by the proponent upon the testator in shaping-the provisions of the will.
It is quite apparent from all the evidence that the testator was not wanting in testamentary capacity to make a valid testamentary disposition of his…
2Cases cited5 opinions
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Post v. . MasonNew York Court of Appeals · 1883
- Newhouse v. GodwinNew York Supreme Court · 1853
- McLaughlin v. . McDevittNew York Court of Appeals · 1875
- Nexsen v. NexsenNew York Court of Appeals · 1865