In Re the Probate of the Will of Kindberg
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered' January 26, 1912, which affirmed a decree of the New York County Surrogate’s Court refusing probate to a paper propounded as the last will and testament of Edward 0. Kindberg, deceased, and admitting an earlier will to probate. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered' January 26, 1912, which affirmed a decree of the New York County Surrogate’s Court refusing probate to a paper propounded as the last will and testament of Edward 0. Kindberg, deceased, and admitting an earlier will to probate. The facts, so far as material, are stated in the opinion. The undisputed evidence shows that the will was executed in due form as required by law. (Matter of Cottrell, 95 N. Y. 339; Matter of Nelson, 141 N. Y. 152.) Serious and prejudicial errors requiring…
1Opinion of the Court
Cullen, Ch. J.
Two wills purporting to have been made by the testator were offered for probate in the Surrogate’s Court, one dated October 29th, 1908, and the other March 25th, 1909. There was no question as to the proper execution of the earlier will nor as to its validity, except as affected by the later instrument, the execution and validity of which were contested. The surrogate admitted the first will to probate, and, thereupon, necessarily rejected the second. On appeal the Appellate Division reversed the decree of the surrogate and directed that the issues in controversy between the…
2Cases cited10 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Coffin v. . CoffinNew York Court of Appeals · 1861
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3Cited by95 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re the Will of PutnamNew York Court of Appeals · 1931
- In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of MullinNew York Surrogate's Court · 1932
90 more not listed; retrieve them via the Exa API.