Legal Opinion

In re Giauque

New York Surrogate's Court

Decided January 15, 1914Published

Proceeding upon the probate of a will.

1Opinion of the Court

Fowler, S.

The will in controversy, purporting to be made the 4th of January, 1909, is contested, and it is alleged that at the time the will was made the testatrix was incapax or lacked testamentary capacity. The will gives one-half her little estate to a Baptist church and the other half to a lady interested in the work of that church. The testatrix at the time of her death left her surviving an indigent old father and mother, with whom she was on very good terms certainly during the larger part of her life. The church makes no very active pretensions to its legacy, nor does the other…

2Cases cited41 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Blough v. ParryIndiana Supreme Court · 1896
  4. Carpenter v. BaileyCalifornia Supreme Court · 1892
  5. American Bible Society v. PriceIllinois Supreme Court · 1886

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