Rintelen v. Schaefer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Rose D. Schaefer, individually and as executrix, etc., and others, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of February, 1913, adjudging a certain paper which had been admitted to probate • as the last will and testament of Elizabeth Rintelen, deceased, to be not in truth and fact the last will and testament of said deceased.
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Appeal by the defendants, Rose D. Schaefer, individually and as executrix, etc., and others, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of February, 1913, adjudging a certain paper which had been admitted to probate • as the last will and testament of Elizabeth Rintelen, deceased, to be not in truth and fact the last will and testament of said deceased. Judgment was rendered on the decision of the court, certain questions having been submitted to the jury. Appeal is also taken from the order entered…
1Opinion of the Court
Rich, J.:
Elizabeth Rintelen died testate at Woodhaven, L. I., August 29, 1910, leaving her surviving the plaintiff in this action, a nephew, and the defendants, her cousins (with whom she had lived and been cared for during the six years preceding her death), her sole surviving relatives. By her last will and testament she gave to the plaintiff the sum of $1,000; to the Woodlawn Cemetery Association for the care and maintenance of her father’s burial plot, in which she directed her body interred, $100. The balance of her personal property she bequeathed to the appellant Rose D. Schaefer, and…
2Cases cited7 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Smith v. . KellerNew York Court of Appeals · 1912
- In re the Probate of the Last Will & Testament of McCartyAppellate Division of the Supreme Court of the State of New York · 1910
- Pringle v. . BurroughsNew York Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Probate of the Alleged Codicil of the Last Will & Testament of BossomAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of MorrellNew York Surrogate's Court · 1935
- Cote v. Knickerbocker Ice Co.City of New York Municipal Court · 1936
- In re the Probate of the Will of ErnstAppellate Division of the Supreme Court of the State of New York · 1950
2 more not listed; retrieve them via the Exa API.