In re the Probate of the Last Will & Testament of Ingamells

Appellate Division of the Supreme Court of New York

In re the Probate of the Last Will & Testament of Ingamells

257 A.D. 1024, 13 N.Y.S.2d 586, 1939 N.Y. App. Div. LEXIS 8940

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1024 (In re the Probate of the Last Will & Testament of Ingamells) 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.

Bluebook

In re the Probate of the Last Will & Testament of Ingamells, 257 A.D. 1024, 13 N.Y.S.2d 586, 1939 N.Y. App. Div. LEXIS 8940 (N.Y. Ct. App. 1939).

Pincite

Opinion

Decree and order reversed on the law and facts, with costs payable out of the estate, and matter remitted to the Surrogate’s Court of Oswego county with directions to enter a decree admitting the will to probate. Memorandum: We find no evidence which justifies the jury’s finding that the testator was not of sound mind and memory and mentally capable of making a will at the time of his execution of the instrument offered for probate, or that his execution thereof was not his free and voluntary act. The burden of proving undue influence was upon the contestants (Matter of Schillinger, 258 N. Y. 186, 192) who failed to make proof of influence exerted upon the testator by Blanche Ingamells Baker at the time the propounded instrument was executed, which was so potent as to take away and overcome the testator’s power at that time to act freely and upon Ms own volition. (Smith v. Keller, 205 N. Y. 39, 44.) All concur. (The decree denies probate of a will. The order denies motions to set aside the verdict.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Decree and order reversed on the law and facts, with costs payable out of the estate, and matter remitted to the Surrogate’s Court of Oswego county with directions to enter a decree admitting the will to probate. Memorandum: We find no evidence which justifies the jury’s finding that the testator was not of sound mind and memory and mentally capable of making a will at the time of his execution of the instrument offered for probate, or that his execution thereof was not his free and voluntary act. The burden of proving undue influence was upon the contestants (Matter of Schillinger, 258 N. Y. 186, 192) who failed to make proof of influence exerted upon the testator by Blanche Ingamells Baker at the time the propounded instrument was executed, which was so potent as to take away and overcome the testator’s power at that time to act freely and upon Ms own volition. (Smith v. Keller, 205 N. Y. 39, 44.) All concur. (The decree denies probate of a will. The order denies motions to set aside the verdict.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 1024, 13 N.Y.S.2d 586, 1939 N.Y. App. Div. LEXIS 8940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-last-will-testament-of-ingamells-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack