In re Woods
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles Woods, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 26th day of May, 1919, denying probate to the alleged will herein after a jury trial. An appeal is also taken from the order of said Surrogate’s Court entered in the office thereof on the same day, denying petitioner’s motion for a new trial.
1Opinion of the Court
Jenks, P. J.:
The jury answered that a competent testator duly executed the will but under undue influence. I think that the proof did not justify finding that the will was not the act of the testator alone. I need not again discuss the rules of proof stated frequently and recently by this court. (Matter of Powers, 176 App. Div. 455; Matter of Fleischmann, Id. 785; Matter of Ruef, 180 id. 203; affd., 223 N. Y. 582.)
The testator was childless. The scheme of the will is natural. It provided first for the husband, and in the event of his death before the testator it divided the estate equally…
2Cases cited1 opinion
- In re PowersAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by7 opinions
- In re the Estate of HodgmanNew York Surrogate's Court · 1920
- In re Proving the Last Will & Testament of DowdleAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Estate of ReillyNew York Surrogate's Court · 1931
- In re the Probate of the Will of GoettelNew York Surrogate's Court · 1944
- In re Proving the Last Will & Testament of DotterweichAppellate Division of the Supreme Court of the State of New York · 1924
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