In Re Proving the Will of Heaton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June. 8, 1917, which affirmed a decree of the- New York County Surrogate’s Court, rendered upon a verdict, denying probate to a paper propounded as the last will and testament of Jennie H. Heaton, deceased. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
The only question meriting discussion presented by this appeal is, is there any evidence supporting the finding that the deceased was not of sound mind when she executed the paper propounded as her last will and testament.
The paper was executed December 11, 1914. It gave to : each of a niece and an aunt the sum of one dollar, with the statement: “ I make no other or further disposition for their benefit because of their cold and indifferent attitude toward me.” It gave to her husband, Charles Albert Heaton, to whom she was married in 1897, the sum of one hundred dollars, with the statement: “…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Peck v. . CaryNew York Court of Appeals · 1863
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- Van Wyck v. . BrasherNew York Court of Appeals · 1880
3Cited by36 opinions
- In Re Walther's EstateOregon Supreme Court · 1945
- In Re Anderson's EstateSupreme Court of Oklahoma · 1929
- In re the Estate of RogersNew York Surrogate's Court · 1926
- In re the Probate of the Will of CoddingtonAppellate Division of the Supreme Court of the State of New York · 1952
- In Re Proving the Will of DelmarNew York Court of Appeals · 1926
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