Legal Opinion

Burke v. Nolan

New York Surrogate's Court

Decided August 15, 1882PublishedCited by 1 opinion

Application, for the probate of a paper propounded as decedent’s will, by Richard Nolan, named as executor therein; opposed by Catharine Burke, decedent’s widow. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

The probate is opposed on the grounds that the testator was not in a proper condition of mind to make a will; that he was unduly influenced in the disposition of his property; and that the will was not legally executed.

There is no doubt that the testator possessed testamentary capacity, when he declared to Father Mulligan his intentions in regard to the disposition of his property. It is true that he was mistaken as to the exact amount of money he had in bank; but it is not necessary to attribute that mistake to a' disordered mind, any more than the error of the witness,…

2Cases cited17 opinions

  1. Lewis v. . LewisNew York Court of Appeals · 1854
  2. Gilbert v. . KnoxNew York Court of Appeals · 1873
  3. Orser v. . OrserNew York Court of Appeals · 1861
  4. Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
  5. Matter of Will of John KellumNew York Court of Appeals · 1873

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3Cited by1 opinion

  1. In re Crumb's EstateNew York Surrogate's Court · 1911

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