Legal Opinion
In re the Estate of Thorn
New York Surrogate's Court
Decided October 3, 1934PublishedCited by 5 opinions
1Opinion of the Court
Evans, S.
This is a motion to settle the issues in a will contest. The instrument, is lengthy and contains sixty paragraphs. The contestants claim the legal right to attack the instrument in its entirety for alleged fraud and undue influence or to concentrate their attack upon certain paragraphs that solely concern one legatee. There appear to be few precedents for this procedure.
It is obvious that where the issues pertain to execution and publication of the instrument or to testamentary capacity of a testator the entire instrument is involved. The contestants advance the theory that where the…
2Cases cited3 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Harrison's Appeal from ProbateSupreme Court of Connecticut · 1880
- In re MaguireNew York Surrogate's Court · 1918
3Cited by5 opinions
- In re the Estate of EckertNew York Surrogate's Court · 1978
- In re the Estate LawsonAppellate Division of the Supreme Court of the State of New York · 1980
- Burke v. KehrMissouri Court of Appeals · 1992
- Petrie v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1972
- In re the Estate of WhartonNew York Surrogate's Court · 1982