Seymour v. . Van Wyck
New York Court of Appeals
Appeal from a decree of the Supreme Court, reversing the decree of the surrogate of Westchester county, admitting to probate a codicil to the last will and testament of Peter Maison, deceased. There being no question about the due execution of the original will, dated the 18th September 1889, a decree was made admitting it to probate, without objection.
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Appeal from a decree of the Supreme Court, reversing the decree of the surrogate of Westchester county, admitting to probate a codicil to the last will and testament of Peter Maison, deceased. There being no question about the due execution of the original will, dated the 18th September 1889, a decree was made admitting it to probate, without objection. But a codicil, dated the 29th July 1848, which materially changed the disposition of the estate, and named different persons as executors, was objected to, on the ground that the formalities required by the statute had not been complied with.…
1Opinion of the CourtFoot, J.
— The circumstances under which the codicil in question was prepared and executed, are unusual and unsatisfactory. The mildest result which can legitimately flow from them is, a close scrutiny of the evidence of its execution, for the purpose of ascertaining * 124 1 *wke*her the requirements of the law have been -* complied with, as these requirements are guards which the statute has set around the feeble in body and mind, to protect them, and the real objects of their, bounty from imposition and fraud.
The rule is well settled, that the fact must be established by some satisfactory proof,…
2Cases cited1 opinion
- Abbey v. ChristyNew York Supreme Court · 1867
3Cited by7 opinions
- Hill v. DavisSupreme Court of Oklahoma · 1917
- McCarty v. WeatherlySupreme Court of Oklahoma · 1922
- In re a Paper Propounded as the Last Will & Testament of RoeNew York Surrogate's Court · 1913
- Abbey v. ChristyNew York Supreme Court · 1867
- Burke v. NolanNew York Surrogate's Court · 1882
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