In re Probate of a Paper Propounded as the Last Will and Testament of Preston
Appellate Division of the Supreme Court of the State of New York
Appeal by J". Madison Wells, the executor named in the last will and testament of Jonathan Preston, deceased, from a decree of the Surrogate’s Court of the county of Suffolk, entered in said Surrogate’s Court on the 10th day of June, 1905, refusing to admit to probate a paper purporting to be the last will of Jonathan Preston, deceased. - On February 11, 1904, William T. Boss, a nephew of Jonathan Preston, instituted proceedings cíe lunático inquirendo to have his uncle…
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Appeal by J". Madison Wells, the executor named in the last will and testament of Jonathan Preston, deceased, from a decree of the Surrogate’s Court of the county of Suffolk, entered in said Surrogate’s Court on the 10th day of June, 1905, refusing to admit to probate a paper purporting to be the last will of Jonathan Preston, deceased. - On February 11, 1904, William T. Boss, a nephew of Jonathan Preston, instituted proceedings cíe lunático inquirendo to have his uncle declared incompetent and for the appointment of a committee of his person and property. On March second, following, the…
1Opinion of the Court
Rich, J.:
The ruling of the surrogate admitting that portion of the inquisition finding Preston incompetent for more than a year prior to the time it was'taken, was erroneous.
Section 2335 of the Code of Civil Procedure expressly limited and confined the inquiry as to the competency of Preston to the time of the liéaring," which was December 6, 7 and 8, 1904. It is immaterial that the petition upon which the proceeding was instituted omitted the word “ lunacy,” and alleged incompetency arising from old age, loss of memory and understanding as its basis, as the word “ lunacy ” as used in section…
2Cases cited8 opinions
- Hughes v. . JonesNew York Court of Appeals · 1889
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
- Nelson v. . Village of OneidaNew York Court of Appeals · 1898
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
- In re the Probate of the Last Will & Testament of WidmayerAppellate Division of the Supreme Court of the State of New York · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Accounting of MusczakNew York Surrogate's Court · 1949
- Boschen v. . StockwellNew York Court of Appeals · 1918
- Witt v. HeyenSupreme Court of Kansas · 1923
- In re the Application for the Appointment of a Committee of the Person & Property of LongAppellate Division of the Supreme Court of the State of New York · 1941
- In re VailAppellate Division of the Supreme Court of the State of New York · 1910
4 more not listed; retrieve them via the Exa API.