In Re the Probate of a Paper Propounded as the Last Will & Testament of Woodward
New York Court of Appeals
' Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1900, which affirmed a decree of the Surrogate’s Court of the county of New York admitting to probate a paper propounded as the last will and testament of Frances Mary Woodward, deceased. The facts, so far as material, are stated in the opinion.
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' Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1900, which affirmed a decree of the Surrogate’s Court of the county of New York admitting to probate a paper propounded as the last will and testament of Frances Mary Woodward, deceased. The facts, so far as material, are stated in the opinion. There were manifest errors made by the learned surrogate in refusing to consider and receive evidence bearing upon the issues in the case, to which exceptions were duly taken. (Delafield v. Parish, 25 N. Y. 95; Marvin v. Marvin, 3…
1Opinion of the CourtCullen, J.
This is an appeal from an affirmance of a decree of the surrogate admitting the will of Mrs. Frances M. Woodward to prohate. The testatrix at the time of making the will was eighty-three years old. She left her surviving two sons and two daughters, her only heirs at law. The sons contested the probate, alleging want of testamentary capacity in the deceased, and that the will was procured by undue influence exerted by one of the daughters. It would not be profitable to narrate the details of the controversy, as the only questions cognizable in this court arise on the exclusion of evidence…
2Cases cited2 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- In Re Proving the Last Will & Testament of PotterNew York Court of Appeals · 1899
3Cited by13 opinions
- Smith v. . KellerNew York Court of Appeals · 1912
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- Shelby Loan & Trust Co. v. MilliganIllinois Supreme Court · 1939
- Gick v. . StumpfNew York Court of Appeals · 1912
- Matter of Will of RicksSupreme Court of North Carolina · 1977
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