In re the Probate of the Paper Propounded as the Last Will & Testament of De Castro
New York Surrogate's Court
Petition for probate of the will of Lulu Y. De Castro, deceased. Objections were filed on behalf of Jennie W. Jetter, an infant and heir-at-law and next of -kin of said deceased, on the usual grounds; among others “ That at the time the said instrument was signed the said Lulu V. De Castro did not know or understand the contents thereof.”
1Opinion of the Court
Petty, S.
The instrument offered for probate as a will was executed by Lulu Y. De Castro when she was enfeebled by dis-' ease from which she had been a sufferer for many years, and when she was near the close of her life. The instructions as to the provisions of the will were given to the draftsman by her husband, the proponent herein. The evidence does not show that these instructions were given by deceased to her husband, or that she ever read the will or that it was ever read to her, or that she knew the provisions thereof, or that those provisions expressed her wishes.
*589A will offered for…
2Cases cited2 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Townsend v. BogartNew York Surrogate's Court · 1881
3Cited by7 opinions
- United States Fidelity & Guaranty Co. v. ParkerWyoming Supreme Court · 1912
- In Re the Estate of WalkerAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
- In re the Probate of the Will of WatsonAppellate Division of the Supreme Court of the State of New York · 1971
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
2 more not listed; retrieve them via the Exa API.