In re Proving the Last Will & Testament of Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by William H. Corbusier from a decree of the Surrogate’s Court of the county of Chemung, entered in said Surrogate’s Court on the 20th day of April, 1921, admitting to probate the last will and testament of Henry B. Jones, deceased, and also from an order entered in said Surrogate’s .Court on the 26th day of April, 1921, directing that letters testamentary issue to Johnson Beers, the executor named in the will.
1Opinion of the Court
John M. Kellogg, P. J.:
The testator was about ninety-two years of age when he made the will. He may have had intelligence enough to make a will if he had been left entirely alone. The doctors believe he was incompetent and much evidence was produced tending to show his incompetency. The evidence presented a question of fact upon that subject, and perhaps a finding either way would not be unreasonable. The fact, however, remains — he was a weak, feeble old man, with but very little understanding and comprehension. He was quite deaf, and could only read with a high power magnifying glass. Any…
2Cases cited11 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Holland v. . AlcockNew York Court of Appeals · 1888
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Barnard v. . GantzNew York Court of Appeals · 1893
- In Re the Will of FowlesNew York Court of Appeals · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- In re the Construction of the Will of BluesteinNew York Surrogate's Court · 1950
- In re the Estate of AngleNew York Surrogate's Court · 1933
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
- In re the Estate of ChinskyNew York Surrogate's Court · 1934
2 more not listed; retrieve them via the Exa API.