In Re the Probate of the Will of Snelling
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a decree of the surrogate of Suffolk county admitting to probate the will of Mary •Snelling, deceased. The facts, so far as material, are stated in the opinion. There was undue influence ■exercised in the execution of the will and the burden of giving a reasonable explanation rests upon proponents.
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Appeal from judgment of the General Term of the Supreme 'Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a decree of the surrogate of Suffolk county admitting to probate the will of Mary •Snelling, deceased. The facts, so far as material, are stated in the opinion. There was undue influence ■exercised in the execution of the will and the burden of giving a reasonable explanation rests upon proponents. (In re Budlong, 126 N. Y. 433; 1 Redf. on Wills, 314, 316-323; 2 Whart. on Ev. 897; Abb. Tr. Ev. 133, 134, 135; Horn v. Pollman, 72 N. Y.…
1Opinion of the CourtO'Brien, J.
The will of Mary Snelling who died in the year 1890, was admitted to probate, after a contest before the surrogate, which was instituted by her nephews and nieces, her only next of kin, on the ground of incapacity and undue influence. She was about eighty-four years of age and possessed of a small personal estate which she bequeathed to the persons, husband and wife, with whom slie lived at the time of the execution of the will which was but a few months before her death. The property came to her from her husband who died in 1885. Subsequent to his death she lived with various persons in the…
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- Marx v. . McGlynnNew York Court of Appeals · 1882
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Horn v. . PullmanNew York Court of Appeals · 1878
- Link v. . SheldonNew York Court of Appeals · 1892
- Newton v. . HarrisNew York Court of Appeals · 1852
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