Legal Opinion
In re the Probate of the Last Will & Testament of Schillinger
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1931PublishedCited by 6 opinions
1Opinion of the CourtThompson, J.
The right to make a will is given by the State and it is defined and restricted by the limitations and requirements of the statutes which confer it and prescribe the form and manner in which it may be exercised. So it is that the statute prescribes that persons entitled to make a will are those “ of sound mind and memory, and no others.” (Dec. Est. Law, § 10; Id. § 15, as amd. by Laws of 1923, chap. 233; Id. § 21.) When a will, executed in the manner prescribed by law, is presented for probate, the burden cast upon the proponent of such a will to make the proofs essential to its admission to…
2Cases cited4 opinions
- Smith v. . KellerNew York Court of Appeals · 1912
- In Re the Estate of AnnaNew York Court of Appeals · 1928
- In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of SmithAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Probate of the Last Will & Testament of HoneAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by6 opinions
- In re the Estate of BrownNew York Surrogate's Court · 1932
- In re the Estate of CarpenterNew York Surrogate's Court · 1939
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.