Burger v. Hill
New York Surrogate's Court
The following is a copy of the will propounded for probate:— 11 The last will and testament of Alfred Hill, of the city of Hew-York.
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The following is a copy of the will propounded for probate:— 11 The last will and testament of Alfred Hill, of the city of Hew-York. “ I, Alfred Hill, do make, publish and declare, this to be my last will and testament, as follows : I give, devise and bequeath unto my mother, Mary Hill, and my sisters, Caroline, Amanda, and Emily, all and singular my real estate of every description, and wheresoever situated, to have and to hold the same in equal proportions, share and .share alike. “ And I do further give and bequeath unto Elizabeth Parker, of the city of Hew-York, the use and annual income…
1Opinion of the Court
The Subrogate.
The decedent, a resident of Hew-York, died during a temporary sojourn at Saratoga Springs. He made his will among strangers, and entirely removed from any influences or circumstances, tending to exercise an undue control over his mind. The will was drawn by an accurate and careful lawyer, was executed in conformity to the necessary legal requisites, with as much deliberation, as comported with the circumstances of the case, and shortly after its execution the decedent died.
The probate of. the will is contested, on the ground of ' want of testamentary capacity and intention, at…
2Cases cited5 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Stewart's v. LispenardNew York Supreme Court · 1841
- Colton v. RossNew York Court of Chancery · 1831
- Collins v. HoxieNew York Court of Chancery · 1841
- Gardner v. HeyerNew York Court of Chancery · 1829
3Cited by13 opinions
- Beaubien v. CicotteMichigan Supreme Court · 1864
- In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
- In re MaguireNew York Surrogate's Court · 1918
- In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
- Turhune v. BrookfieldNew York Surrogate's Court · 1854
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