In re Proving the Alleged Last Will & Testament of Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, George B. Marshall, from so much of a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 26th day of March, 1918, as allows the costs and disbursements herein to the unsuccessful proponent and further allows him a counsel fee of $2,500 payable out of the estate.
1Opinion of the Court
Page, J.:
Dr. John A. Bullinger propounded for probate an alleged last will and testament of William Marshall. Objections to the probate of the will were made by the widow who demanded a trial by jury, and an order was duly made directing such a trial of the following issues of fact:
“ I. Did William Marshall, the testator, subscribe the paper offered for probate at the end thereof in the presence of each of the attesting witnesses or acknowledge to each of them that such subscription appearing on said paper had been made by him?
“ II. At the time of making such subscription or acknowledgment…
2Cited by12 opinions
- In Re Kleinlein's EstateWashington Supreme Court · 1961
- In re the Probate of the Will of LachatNew York Surrogate's Court · 1944
- Estate of PflegharCourt of Appeals of Washington · 1983
- In re the Estate of JacksonNew York Surrogate's Court · 1926
- In re the Estate of KaufmannNew York Surrogate's Court · 1966
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