In re Lawlor's Will
This text of 83 N.Y.S. 726 (In re Lawlor's Will) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The affidavit of the testatrix, made on July 23, 1902, was not evidence to establish that she did not make the will dated June 4, 1902. Jackson v. Kniffen, 2 Johns. 31, 35, 3 Am. Dec. 390; Waterman v. Whitney, 11 N. Y. 157, 62 Am. Dec. 71; Eighmy v. The People, 79 N. Y. 546; Marx v. McGlynn, 88 N. Y 357, 374; Matter of Kennedy’s Will, 167 N. Y. 163, 172, 60 N. E. 442; Matter of Woodward’s Will, 167 N. Y. 29, 30, 60 N. E. 233. It is quite evident from the opinion that the learned surrogate considered this affidavit as a cogent piece of evidence on that question. The exception was well taken, and the decree must be reversed. All concur.
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Cite This Page — Counsel Stack
83 N.Y.S. 726, 86 A.D. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lawlors-will-nyappdiv-1903.