Legal Opinion
In re the Probate of an Instrument Purporting to be the Will of McCarthy
Appellate Division of the Supreme Court of the State of New York
Decided April 20, 1945PublishedCited by 5 opinions
1Opinion of the CourtDore, J.
Petitioner, proponent of a document claimed to be the last will of Timothy F. McCarthy, deceased, appeals from Surrogate’s decree denying probate entered on a general verdict after a jury had found special verdicts of lack of testamentary capacity and undue influence.
The conflicting evidence on the trial presented issues of fact on testamentary capacity and undue influence which were submitted to the jury for its determination; and as there is ample evidence to support the jury’s verdict, the decree entered thereon should not be disturbed unless there is found, as appellant earnestly…
2Cases cited13 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Will of PutnamNew York Court of Appeals · 1931
- Smith v. . KellerNew York Court of Appeals · 1912
- In re the Estate of MullinNew York Surrogate's Court · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Probate of the Will of MorrisonAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Estate of ArnoldNew York Surrogate's Court · 1983
- In re the Probate of the Will of PhillipsNew York Surrogate's Court · 1949
- In re the Estate of SteinhardtAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Probate of the Will of GnirrepAppellate Division of the Supreme Court of the State of New York · 1956