Austin v. Frazier
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Kings county, Petition by Charles Frazier and others, opposed by Thomas D. Austin and others, for the probate of the will and codicils of Anna Schuyler Austin, deceased. From a decree admitting the will and codicils to probate, the contestants appeal.
1Opinion of the CourtGoodrich, P. J.
The will of Mrs. Austin was executed December 23, 1886; the first codicil. May 25, 1893; the second codicil, April 11, 1895; and the third codicil, December 30, 1897. The only actual contest of fact before the surrogate was the capacity of the testatrix to execute the last codicil, and he held that “the testatrix possessed sufficient testamentary capacity to execute the codicil which has been the subject of this controversy, and it must be admitted to probate.” The contestants appeal from the entire decree.
It appears that about three years before the execution of her will Mrs. Austin had…
2Cases cited4 opinions
- In Re the Probate of the Will of MerriamNew York Court of Appeals · 1892
- In Re Proving the Last Will & Testament of KellumNew York Court of Appeals · 1872
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- In re Shrader's WillNew York Supreme Court · 1892
3Cited by2 opinions
- In re Wells' WillAppellate Division of the Supreme Court of the State of New York · 1899
- Austin v. SlocumAppellate Division of the Supreme Court of the State of New York · 1900