In re Dale's Will
New York Supreme Court
Appeal from surrogate’s court, New York county. Application by Alexander de Botari and Olga de Botari to vacate and set aside a decree rejecting a paper propounded for probate as the last will and testament of Frederick Gr. Dale, deceased. The application was denied, and petitioners appeal.
1Opinion of the CourtDaniels, J.
The deceased died on the 13th of April, 1885. He was unmarried, and left at the time of his decease a sister and three half brothers as .his heirs at law and next of kin. The paper proposed to be proved as his will was dated on the 22d of July, 1884. It was wholly in the handwriting of the deceased, and was witnessed by Samuel P. Weir and Edward Fesser, but it *397was followed by no attesting clause. Upon the hearing following the presentment of this paper to the surrogate for probate, it was rejected because of the insufficiency of the evidence to prove a compliance with one of the statutory…
2Cases cited3 opinions
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- Woolley v. . WoolleyNew York Court of Appeals · 1884
3Cited by6 opinions
- In re the Probate of the Will of PulvermacherNew York Court of Appeals · 1953
- In re the Probate of the Last Will & Testament of BaldwinNew York Surrogate's Court · 1910
- In re the Probate of the Last Will & Testament of TurrellNew York Surrogate's Court · 1899
- In re Proving the Last Will & Testament of ShaperNew York Surrogate's Court · 1914
- Estate of Fleishman, Superior Court of California, County of San Francisco1892
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