In re Manton's Will
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Suffolk county. In the matter of the probate of the alleged last will of Michael Mantón, deceased. From a decree admitting the will to probate, certain heirs appeal. Trial of issues by jurv directed.
1Opinion of the CourtWoodward, J.
This seems to us a case in which there are •questions of fact that, under the rule laid down in Re Brunor, 21 App. Div. 259, 47 N. Y. Supp. 681, should be submitted to a jury. Michael Mantón, who is alleged to have executed the will under consideration, was past 90 years of age. He had never been married, and could neither read nor write. He had been very deaf for a number of years, and, at the time of making the alleged will, he was in a weak and childish condition. Near him resided his nephew and namesake, Michael Mantón, 2d, who occasionally visited him, and his wife and children did…
2Cases cited4 opinions
- Howland v. . TaylorNew York Court of Appeals · 1873
- In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Last Will & Testament of BrunorAppellate Division of the Supreme Court of the State of New York · 1897
- In re Van Houten's WillAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- In re MantonAppellate Division of the Supreme Court of the State of New York · 1899
- In re Proving the Last Will & Testament of IrvingAppellate Division of the Supreme Court of the State of New York · 1912