In re the Probate of the Last Will & Testament of Wolf
Appellate Division of the Supreme Court of the State of New York
Appeal by William H. Schick and others from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said surrogate on the 18th day of March, 1920, denying probate of the will of Frederick Wolf, deceased, and also from an order entered in said surrogate’s office on or about the same date, denying appellants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Clark, J.:
On the 20th day of May, 1918, Frederick Wolf, long a resident of the city of Syracuse, N. Y., executed in due form an instrument in writing, sought to be proved as his last will and testament.
No question is raised as to the due execution of this instrument, and although in their objections filed, contestants urge that the will was the result of undue influence brought to bear on testator, that part of the contest was abandoned on the trial, and the only question submitted to the jury was as follows: “ Was Frederick Wolf of sound mind on May 20, 1918? ”
The issue was sent to a jury…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Matter of CaseNew York Court of Appeals · 1915
- In Re Proving the Will of HeatonNew York Court of Appeals · 1918
- In re the Petition of DunnAppellate Division of the Supreme Court of the State of New York · 1918
- In re GoodhartAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by11 opinions
- In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
- Black v. SmithNorth Dakota Supreme Court · 1929
- In re the Estate of HermanAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of SalomonNew York Surrogate's Court · 1936
- In re the Estate of HollenbeckNew York Surrogate's Court · 1969
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