In re Proving the Last Will and Testament of Eckler
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponent, Charles Young, from parts of a decree of the Surrogate’s Court of the county of Herkimer, entered in said Surrogate’s Court on the 17tli day of July, 1905, denying probate to a paper in writing purporting to be the last will and testament of James Eckler, deceased, in which said proponent is named as executor, with notice of an intention to bring up for review an intermediate order entered in said SuiTogate’s Court on the 6th day of August, 1900.
1Opinion of the Court
Kruse, J.:
James Eckler, over whose will this controversy arises, died on the 17th day of April, 1900. He left no descendants, and no brothers or sisters, save one, a sister, Eva M. Eckler, who has been incompetent' since childhood. He also left several nephews and nieces, children of deceased sisters. He was eighty-seven years of age at the time of his death.
The alleged will was made on June 12, 1895, about five years before his death. By its terms all his property was given in trust to George H. Cristman, the husband of a cousin of the deceased, for the support, care, clothing and funeral…
2Cases cited4 opinions
- Doheny v. . LacyNew York Court of Appeals · 1901
- In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
- In re Proving the Last Will & Testament of StapletonAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of the Last Will & Testament of GatesAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Baumann v. . SteingesterNew York Court of Appeals · 1915
- Burmeister v. GustSupreme Court of Minnesota · 1912
- Bell v. DavisSupreme Court of Oklahoma · 1914
- Baumann v. SteingesterNew York Court of Appeals · 1916