In re Wells' Will
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Saratoga county. In the matter of the probate of the last will and testament of Huldah G. Wells, deceased. From a decree admitting the same to probate, John I. Wells appeals. John I. Wells and Huldah G. Wells were married, and lived together as husband and wife, about 50 years. John I. Wells was the owner of a farm, with a house and other farm buildings upon it.
Read the full summary
Appeal from surrogate’s court, Saratoga county. In the matter of the probate of the last will and testament of Huldah G. Wells, deceased. From a decree admitting the same to probate, John I. Wells appeals. John I. Wells and Huldah G. Wells were married, and lived together as husband and wife, about 50 years. John I. Wells was the owner of a farm, with a house and other farm buildings upon it. A portion of this farm, consisting of about 40 acres, upon which the buildings were located, he conveyed to his wife, Huldah G. Wells, retaining the remaining portion of the farm for himself. This 40…
1Opinion of the CourtHerrick, J.
I desire to call attention to the fact that the same relief that is sought by the appellant by this appeal can be obtained by him under section 2653a of the Code of Civil Procedure. In re Austin, 35 App. Div. 278, 55 N. Y. Supp. 52. But perhaps that fact does not relieve us from passing upon such cases when they are regularly brought before us on appeal.
The evidence in this case as to the mental condition of the testatrix at the time of the execution of the instrument offered for probate is conflicting, and perhaps, under ordinary circumstances, it would not be proper for us to reverse the…
2Cases cited1 opinion
- Austin v. FrazierAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Shick v. HoweSupreme Court of Iowa · 1908