In re Proving the Last Will & Testament of Dybalski
Appellate Division of the Supreme Court of the State of New York
Appeal by Stanislaw Dybalski and another from a decree of the Surrogate's Court of the county of Erie, entered in the office of said Surrogate’s Court on or about the 7th day of April, 1920, admitting to probate the instrument offered by the petitioner as the last will and testament of Mi chalina, Dybalski, deceased.
1Opinion of the Court
Clark, J.:
Testatrix, Michalina Dybalski, a resident of Buffalo, N. Y., and about seventy years of age, executed her will on the 20th day of June, 1919. She was a Polish lady and could speak and read the Polish language, but could not speak English. The will was drawn at her request by a Mr. Treptau, a friend of the testatrix, who could speak both English and Polish.
The will was signed in the presence of two witnesses and both saw testatrix sign it. Mr. Treptau was one of the subscribing witnesses, and John Cappellar was the other. Mr. Cappellar could understand English, but was unfamiliar…
2Cases cited5 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Lane v. . LaneNew York Court of Appeals · 1884
- In re the Probate of the Will of MengeNew York Surrogate's Court · 1895
3Cited by8 opinions
- Camperi v. ChiechiCalifornia Court of Appeal · 1955
- In re the Probate of the Will of PascalNew York Surrogate's Court · 1956
- In re the Estate of AlbarinoNew York Surrogate's Court · 1964
- In re the Estate of HockNew York Surrogate's Court · 1936
- In re Proving the Last Will & Testament of DotterweichAppellate Division of the Supreme Court of the State of New York · 1924
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