In re the Probate of the Last Will & Testament & Codicils of Austin
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Thomas D. Austin and"others, from a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 12th day of September, 1898, admitting to probate the will and three codicils thereto of Anna Schuyler Austin, deceased.
1Opinion of the Court
Goodrich, P. J.:
The will of Mrs. Austin was executed December 23, 1886; the 1st codicil, May 25, 1893; the 2d codicil, April 11, 1895, and the 3d codicil, December 30, 1897. The only actual contest of fact before the surrogate was the capacity of the testatrix to execute the last codicil, and he held that “ the testatrix possessed sufficient testamentary capacity to execute the codicil which has been the subject of this controversy, and it must be admitted to probate.” The contestants appeal from the entire decree.
It appears that about three years before the execution of her will, Mrs. Austin…
2Cases cited4 opinions
- In Re the Probate of the Will of MerriamNew York Court of Appeals · 1892
- In Re Proving the Last Will & Testament of KellumNew York Court of Appeals · 1872
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- In re Shrader's WillNew York Supreme Court · 1892
3Cited by6 opinions
- In re the Judicial Accounting of KeoghNew York Surrogate's Court · 1905
- In re Proving the Last Will & Testament of BogartAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Probate of the Last Will & Testament of DewittAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of CatlinNew York Surrogate's Court · 1915
- In re the Probate of a Paper Purporting to be the Last Will & Testament of BrandAppellate Division of the Supreme Court of the State of New York · 1902
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