Loder v. . Whelpley
New York Court of Appeals
Appeals from judgment oijthe General Term of the Supreme Court in the second judicial department, entered upon an ordered made February 10, 1886, which affirmed a decree of the surrogate of Westchester county for the probate of a paper purporting to be the will of Eva J. Banks, deceased.
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Appeals from judgment oijthe General Term of the Supreme Court in the second judicial department, entered upon an ordered made February 10, 1886, which affirmed a decree of the surrogate of Westchester county for the probate of a paper purporting to be the will of Eva J. Banks, deceased. The proceedings were instituted upon the petition of Cyrus W. Loder, one of the executors named in the will; this was dated May 15, 1877. Objections were made by Benjamin G. Iiitchings, claiming as legatee and executor under a will, dated in 1874, and by William H. Whelpley and Louisa M. Craft, as next of kin…
1Opinion of the CourtDanforth, J.
The testatrix, as the appellants concede, was-a person “ of education and capacity, and up to 1871 carefully managed all her own affairs,” and one of the contestants put forward for probate, and, therefore, as an act of a competent-testatrix, a will executed by her in 1874. The surrogate found her to be of sufficient capacity, and not under restraint or undue influence at the time of the execution of the will of 1877, and admitted it to probate. His findings are not without evidence in their support, and if certain testimony, objected to by'the contestants, was properly received, or may be…
2Cases cited7 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- Schenck v. . DartNew York Court of Appeals · 1860
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3Cited by73 opinions
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Thompson v. IshSupreme Court of Missouri · 1889
- Denning v. ButcherSupreme Court of Iowa · 1894
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
68 more not listed; retrieve them via the Exa API.