In re the Proof of the Last Will & Testament of Henry
New York Surrogate's Court
Proceedings on proof of will.
1Opinion of the Court
Davie, S.
The contestants in this ease are minor grandchildren of the testator and legatees under his will.
The objections filed to the probate of the will allege, first, a failure to comply with the necessary statutory requirements in the formal execution of the will; second, that the will was procured by undue influence; and third, that the decedent, at the time of its execution, did not possess testamentary capacity.
In view of the fact that twenty-five witnesses were called and examined on behalf of the proponent and forty on behalf of the contestants,, no satisfactory analysis of the entire…
2Cases cited13 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Horn v. . PullmanNew York Court of Appeals · 1878
- Will of SmithWisconsin Supreme Court · 1881
- Brick v. . BrickNew York Court of Appeals · 1876
- In Re the Probate of the Will of WhiteNew York Court of Appeals · 1890
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3Cited by5 opinions
- In re the Estate of HeughesNew York Surrogate's Court · 1932
- In re the Will of HalbertNew York Surrogate's Court · 1895
- In Re Riedlinger's WillNew Mexico Supreme Court · 1935
- In re Carpenter's WillNew York Surrogate's Court · 1913
- In re the Probate of an Instrument Purporting to be the Will of McCarthyAppellate Division of the Supreme Court of the State of New York · 1945