In re the Probate of the Will of Johnson

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Johnson

272 A.D.2d 968

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

DecidedJuly 1, 1947

StatusPublished

This text of 272 A.D.2d 968 (In re the Probate of the Will of Johnson) 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 Will of Johnson, 272 A.D.2d 968 (N.Y. Ct. App. 1947).

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Opinion

Appeal from a decree of the Surrogate’s Court of Otsego County, entered upon a verdict directed by the Surrogate after a contest before a jury, which admitted to probate the last will and testament of Eva E. Johnson, deceased. Decedent was survived by two nephews and a niece. Ho mention was made of her niece in the will, but small bequests were made to her two nephews. The bulk of her estate was left by a residuary clause to proponent, who was not a relative. Proponent [respondent herein] offered credible testimony from respectable witnesses to prove the proper execution of the will and that the decedent possessed testamentary capacity. Contestants [appellants -herein] offered no proof to the contrary sufficient to create issues of fact. The direction of a,verdict was proper. Decree affirmed, without costs. All concur.

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Appeal from a decree of the Surrogate’s Court of Otsego County, entered upon a verdict directed by the Surrogate after a contest before a jury, which admitted to probate the last will and testament of Eva E. Johnson, deceased. Decedent was survived by two nephews and a niece. Ho mention was made of her niece in the will, but small bequests were made to her two nephews. The bulk of her estate was left by a residuary clause to proponent, who was not a relative. Proponent [respondent herein] offered credible testimony from respectable witnesses to prove the proper execution of the will and that the decedent possessed testamentary capacity. Contestants [appellants -herein] offered no proof to the contrary sufficient to create issues of fact. The direction of a,verdict was proper. Decree affirmed, without costs. All concur.

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Bluebook (online)

272 A.D.2d 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-johnson-nyappdiv-1947.