In re Blair's Will
New York Court of Common Pleas
Application for the probate of the alleged last will of William T. Blair, deceased. The probate was opposed by Sarah Catherine Blair. On his own motion, the surrogate transferred the proceedings to the court of common, pleas, where the jury found against the validity of the will.
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Application for the probate of the alleged last will of William T. Blair, deceased. The probate was opposed by Sarah Catherine Blair. On his own motion, the surrogate transferred the proceedings to the court of common, pleas, where the jury found against the validity of the will. Pending appeal, an application was made to the surrogate’s court by the contestant for the appointment of a temporary administrator, which application was denied, and an appeal taken to the general term, whose opinion therein is reported in, 15 1ST. Y. Supp. 212. B. Wright, for proponent. JS. T. Wood, for contestant.
1Opinion of the Court
Pryor, J.,
(charging jury.) Three questions are submitted to your determination: First. Was the paper propounded as the last will and testament, of William T. Blair, deceased, executed in conformity with the provisions of the statute? Second, Had he testamentary capacity at the time of the execution of the instrument? Third. Was the instrument his own .voluntary act, or was it the product of undue influence?
The solution of these questions is for you, and you alone. You must determine the credibility of witnesses; you must estimate the weight of conflicting evidence; you must ascertain what…
2Cited by4 opinions
- Rowe v. FreemanOregon Supreme Court · 1918
- In re the Last Will & Testament of CrockettNew York Surrogate's Court · 1914
- In re the Probate of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1908
- In re Boardman's WillNew York Surrogate's Court · 1891