In re Brand
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Otto Brand, from a decree of the Surrogate’s Court of the county of Sullivan, entered in the office of said Surrogate’s Court on the 29th day of October, 1917, denying probate to an instrument propounded as and for the last will and testament of Sophia Morison, deceased, after a trial had been had in the Supreme Court before a jury.
1Opinion of the Court
Woodward, J.:
Section 10 of the Decedent Estate Law (Consol. Laws, chap. 13; Laws of 1909, chap. 18), in harmony with section 15 of the same act, provides that “ All persons, except idiots, persons of unsound mind and infants, may devise their real estate, by a last will and testament, duly executed, according to the provisions of this article,” and if the statutory provisions are to have any substantial value, and this right is to be preserved, it is important that the issues should be tried *136patiently, intelligently and honestly, whenever the validity of a testamentary instrument is brought…
2Cases cited4 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- People Ex Rel. Crummey v. . PalmerNew York Court of Appeals · 1897
- In re the Probate of the Last Will & Testament of FleischmannAppellate Division of the Supreme Court of the State of New York · 1917
- Lesin v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by20 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Lbbw Luxemburg S.A. v. Wells Fargo Securities LLCDistrict Court, S.D. New York · 2014
- In re the Estate of RogersNew York Surrogate's Court · 1926
- In re the Estate of JacksonNew York Surrogate's Court · 1928
- In re Proving the Last Will & Testament of DowdleAppellate Division of the Supreme Court of the State of New York · 1928
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