In re the Probate of Two Papers Propounded as the Last Will & Testament of Forman
New York Supreme Court
THIS is an appeal from a decree of the surrogate of the county of Hew York, admitting to probate two papers propounded as the last will and testament of Ann Maria Forman.
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THIS is an appeal from a decree of the surrogate of the county of Hew York, admitting to probate two papers propounded as the last will and testament of Ann Maria Forman. The instruments were first admitted to probate on the 8th of June, 1867. From this decree Mr. Forman, the husband of the testatrix, appealed to the Supreme Court, which, at the general term, in Hovember, 1867, reversed the decree of the surrogate, and then remitted the case to the surrogate, directing that the testimony already taken should stand, with liberty to either party to introduce new evidence. The general term, in…
1Opinion of the Court
*284By the Court,
Sutherland, J.
The contestants do not contend that" the two written instruments, dated the 27th day of February, 1862, were executed under restraint or undue influence. There is no pretense that they were.
The questions, then, presented by the appeal, are four:
1st. Could these two instruments, notwithstanding their repugnancy in certain particulars, or in certain respects, constitute a will, or the will of the deceased, and legally and properly be admitted to probate as such?
2d. If they could, were the two instruments executed and attested in the manner required by the statute ?
3d.…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clark v. FisherNew York Court of Chancery · 1828
- Stewart's v. LispenardNew York Supreme Court · 1841
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Stanton v. WetherwaxNew York Supreme Court · 1853
3Cited by22 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Owen v. CrumbaughIllinois Supreme Court · 1907
- Henderson v. JacksonSupreme Court of Iowa · 1907
- Bensberg v. Washington UniversitySupreme Court of Missouri · 1913
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