Legal Opinion

In re Magner

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1926PublishedCited by 3 opinions

1Opinion of the CourtRich, J.

Patrick Sullivan died December 18, 1923, an inmate of Louden Hall, Amityville, N. Y. He left a last will and testament dated August 29, 1919. Probate of this will has been denied on the ground that the testator did not possess testamentary capacity.

The only question presented for determination by this appeal relates to whether or not the verdict is against the weight of the evidence. It was the contention of the contestants at the trial, and is upon this appeal, that at the date of the execution of the will, testator was suffering from senile dementia. This was sought to be demonstrated by…

2Cited by3 opinions

  1. In re the Estate of BetzAppellate Division of the Supreme Court of the State of New York · 1978
  2. In re the Estate of KimballNew York Surrogate's Court · 1935
  3. In re the Estate of VonhausNew York Surrogate's Court · 1938

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