In Re the Probate of the Last Will & Testament of Eysaman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a decree of the surrogate of the county of Herkimer, admitting to probate the will of Edward P. Eysaman, deceased. The material facts are stated in the opinion. The execution of the will is not proven by two witnesses.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a decree of the surrogate of the county of Herkimer, admitting to probate the will of Edward P. Eysaman, deceased. The material facts are stated in the opinion. The execution of the will is not proven by two witnesses. (Mitchell v. Mitchell, 16 Hun, 97; 77 N. Y. 596; Sisters of Charity v. Kelly, 67 id. 409; Heath v. Cole, 15 Hun, 100; Howland v. Taylor, 53 N. Y. 627; Reynolds v. Root, 62 Barb. 250; Willis v. Mott, 36 N. Y. 486; 110 id. 596;…
1Opinion of the Court
Ruger, Ch. J.
The probate of the will of Henry P.
Eysaman -was contested before the surrogate by some of his heirs and,next of kin, upon the ground of undue influence, ■the want of’ a sound disposing mind and memory, and the absence of sufficient proof of due execution by the testator. The main question now presented is, whether James Ware, the principal legatee, was competent to testify to the transactions preceding, attending and succeeding the execution of the will, and, if not, whether his evidence on those subjects ■necessarily prejudiced the contestants in the controversy before the…
2Cases cited7 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
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- Lane v. . LaneNew York Court of Appeals · 1884
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