Peck v. . Callaghan
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court, in the first judicial department, entered upon an order made at the March term, 1882, which affirmed a decree of the surrogate of the county of New York, admitting to probate the will of Gertrude B. Callaghan, deceased. The facts, so far as material, appear in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court, in the first judicial department, entered upon an order made at the March term, 1882, which affirmed a decree of the surrogate of the county of New York, admitting to probate the will of Gertrude B. Callaghan, deceased. The facts, so far as material, appear in the opinion. The court erred in admitting in evidence various papers which were irrelevant to the matters in dispute, as standards with which to compare the signature to the will, and in admitting the evidence of alleged experts comparing the signatures with such “…
1Opinion of the Court
Ruger, Ch. J.
An examination of the evidence in this case discloses that the only obj ections made to the probate of the will of Gertrude B. Callaghan, viz.: First, thatitwasnot executed by her as, and for her last will and testament, and, second, that it was executed under fear, compulsion, or undue influence of her husband, the proponent herein, were founded exclusively either upon circumstantial evidence or the opinion of experts as to the genuineness of the signature to the will in question. There is but little evidence as to the character or value of the property affected by its…
2Cases cited1 opinion
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