Legal Opinion · Dissent

In re the Probate of an Instrument Purporting to be the Will of McCarthy

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

Decided April 20, 1945Published

1DissentMartin, P. J.

The widow of Timothy F. McCarthy, also known as Charles F. McCarthy, offered his will for probate. The Public Administrator filed objections. Thereafter a special guardian, appointed for “ the infants and the incompetents herein, if any, who and whose names are unknown ”, filed objections similar to those interposed by the Public Administrator. The matter was submitted to a jury which, by a ten to two verdict, answered the following questions in the manner indicated: “No. 5. At the time of the execution of said paper on the 31st day of October, 2941, was the said Timothy F. McCarthy of sound…

2Cases cited9 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Banker v. . BankerNew York Court of Appeals · 1875
  3. Dabney v. MitchellSupreme Court of Alabama · 1880
  4. Estes v. BridgforthSupreme Court of Alabama · 1896
  5. In re the Petition of DunnAppellate Division of the Supreme Court of the State of New York · 1918

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