Legal Opinion
In re Proving the Last Will & Testament of Mason
New York Surrogate's Court
Decided June 15, 1923PublishedCited by 8 opinions
1Opinion of the Court
Wingate, S.
This is a proceeding to probate the oral will of a soldier, last seen or heard of in a German prison camp.
The first question to be determined is whether or not the soldier is dead. The contestant admits that the inherent probabilities are that the soldier is dead, but questions whether there is proof enough before the court to establish the fact.
The soldier involved was a member of the One Hundred and Sixth Infantry of the army of the United States, and was captured on September 27, 1918, by troops of the German army, during the attack of the Twenty-seventh American Division upon…
2Cases cited5 opinions
- Butler v. . Mutual Life Ins. Co.New York Court of Appeals · 1919
- Ex parte ThompsonNew York Surrogate's Court · 1856
- VanDeuzer v. Estate of GordonSupreme Court of Vermont · 1866
- In re the Probate of the Nuncupative Will of O'ConnorNew York Surrogate's Court · 1909
- In re the Estate of HickeyNew York Surrogate's Court · 1920
3Cited by8 opinions
- In re Proving the Last Will & Testament of MalleryNew York Surrogate's Court · 1926
- In re the Estate of ZaiacNew York Surrogate's Court · 1937
- Constructive Hands, Inc. v. BakerDistrict Court, N.D. New York · 2006
- In re the Appointment of an Administrator in the Estate of SullivanNew York Surrogate's Court · 1927
- In re the Estate of MasonNew York Surrogate's Court · 1940
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