Julke v. Adam
New York Surrogate's Court
The testator died in Hew York city, the 12th of June, 1862. His widow, Louisa Adam, propounded for probate, as the last will and testament of the decedent, a paper, bearing date June 24, 1859, and witnessed by John A. Stemmier and Lorenz Sebastian. Its probate was contested on the grounds of informality in the execution ; of mental incapacity of the testator; and of undue influence exercised by his wife, the proponent.
1Opinion of the Court
The Surrogate. — The testimony of the witness, John A. Stemmier, sufficiently establishes the observance of the necessary legal formalities. The will was read to the testator, paragraph by paragraph, first in English, and then translated by Hr. Stemmier into German (the native tongue of both); was then signed, sealed, published and declared in presence of the witnesses : and they signed their names at his request, in his presence and in that of each other. The document was then inclosed in an envelope' by Hr. Stemmier, and taken away from Hr. Stemmler’s office (where the execution was) by the…
2Cases cited3 opinions
- Brush v. HollandNew York Surrogate's Court · 1855
- Moore v. MooreNew York Surrogate's Court · 1853
- Tunison v. TunisonNew York Surrogate's Court · 1856
3Cited by3 opinions
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Estate of Hill, Superior Court of California, County of San Francisco1886
- Otte v. Bullock, Court of Common Pleas of Ohio, Hamilton County1919