In Re the Probate of the Will of Bernsee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment entered upon a decree of the Surrogate’s Court of Kings county admitting to probate the will of Adeline D. Bernsee, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment entered upon a decree of the Surrogate’s Court of Kings county admitting to probate the will of Adeline D. Bernsee, deceased. Upon hearing of the application for the probate of ,said will, it was objected to as not executed according to law; that the testatrix was not competent to make a will and unduly influenced. These objections were overruled and the will admitted to probate. Upon appeal to' the General Term the decree was…
1Opinion of the Court
Andrews, Ch. J.
Christian D. Bernsee was under our decisions an incompetent witness to testify to any conversation or transaction in his presence at the time of the execution and publication of the will. He was one of the chief bene Sciaries thereunder, and. was directly interested in establishing due execution. What occurred' at that time was a transaction between the.testatrix and the witness, within the meaning of sec. 829 of the Oode, although he took no actual part in the conversation and it was Avholly between the testatrix and the attesting witnesses. If active participation in the…
2Cases cited3 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
3Cited by32 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- Boyd v. . BoydNew York Court of Appeals · 1900
- Hutton v. . SmithNew York Court of Appeals · 1903
- In Re Ballard's EstateSupreme Court of Oklahoma · 1916
- In re Hardenburg's WillNew York Supreme Court · 1895
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