Legal Opinion

In re the Estate of Lawler

New York Surrogate's Court

Decided April 9, 1924PublishedCited by 5 opinions

1Opinion of the Court

O’Brien, S.

The testimony of two subscribing witnesses to the will proves that all the requirements of the statute (Decedent Estate Law, § 21) as to execution were complied with.

Contestants oppose the admission of the will to probate on the further ground that the propounded paper embodies invalid provisions. Their objection in this respect is overruled. Where the surrogate after a trial is satisfied that a will is genuine, that the testator is of sound mind, that he was not under any restraint and that the will was executed in accordance with the requirements of the statute, he must admit the…

2Cases cited3 opinions

  1. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  2. Morgan v. . SanbornNew York Court of Appeals · 1919
  3. In re the Estate of WebbNew York Surrogate's Court · 1923

3Cited by5 opinions

  1. Estate of Crawford v. CrawfordMississippi Supreme Court · 1955
  2. In re Proving the Last Will of LawlerAppellate Division of the Supreme Court of the State of New York · 1926
  3. In re the Probate of the Will of LewisNew York Surrogate's Court · 1950
  4. In re the Estate of HerleNew York Surrogate's Court · 1938
  5. In re the Probate of the Will of FoxNew York Surrogate's Court · 1959

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