In re Gedney's Wild
New York Surrogate's Court
In the matter of the probate of a paper propounded as the last will and testament of Josephine Gedney-, deceased. Decree of probate.
1Opinion of the Court
FOWLER, S.
The contestant filed two allegations against the paper writing propounded in this proceeding.
” [1] The first allegation of undue influence does not seem very strongly pressed. On that allegation the cóntestant, after factum of will is made out, has the burden of proof, in the primary sense of that term, of establishing such influence by a preponderance of proof. Matter of Will of Kindberg, 207 N. Y. 221, 100 N. E. 789; Matter of Will of Falabella (Sur.) 139 N. Y. Supp. 1003.
[2] On the contestant’s second allegation, or that of want of testamentary capacity on the part of testatrix,…
2Cases cited46 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
41 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blaustein v. Pan American Petroleum & Transport Co.New York Supreme Court · 1940
- In re the Estate of ShontsNew York Surrogate's Court · 1919
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
- In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of SmithAppellate Division of the Supreme Court of the State of New York · 1917
- In re Proving the Last Will & Testament of MartinNew York Surrogate's Court · 1913
7 more not listed; retrieve them via the Exa API.