In re the Probate of the Will of Young

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Young

268 A.D. 883, 50 N.Y.S.2d 876, 1944 N.Y. App. Div. LEXIS 4028

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

DecidedOctober 30, 1944

StatusPublished

Cited by2 cases

This text of 268 A.D. 883 (In re the Probate of the Will of Young) 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 Young, 268 A.D. 883, 50 N.Y.S.2d 876, 1944 N.Y. App. Div. LEXIS 4028 (N.Y. Ct. App. 1944).

Pincite

Opinion

In a contested probate proceeding in which the contestant pleads lack of testamentary capacity, fraud and undue influence, the appellant moved to examine as a witness the doctor who attended the decedent three days after the purported will was executed and up to the time of his death. No opposing affidavit was submitted. The motion was denied. Order of the Surrogate’s Court, Westchester County, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, without costs, the examination to proceed on five days’ notice. While the facts set forth in the moving affidavit are meager, the appellant showed special circumstances which entitled her to the examination sought under section 288 of the Civil Practice Act, particularly in view of the fact it is not denied that the decedent was upwards of eighty-six years of age and died from a cerebral hemorrhage, due to arteriosclerosis, and that the instrument was executed “ upon his death bed.” Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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

In a contested probate proceeding in which the contestant pleads lack of testamentary capacity, fraud and undue influence, the appellant moved to examine as a witness the doctor who attended the decedent three days after the purported will was executed and up to the time of his death. No opposing affidavit was submitted. The motion was denied. Order of the Surrogate’s Court, Westchester County, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, without costs, the examination to proceed on five days’ notice. While the facts set forth in the moving affidavit are meager, the appellant showed special circumstances which entitled her to the examination sought under section 288 of the Civil Practice Act, particularly in view of the fact it is not denied that the decedent was upwards of eighty-six years of age and died from a cerebral hemorrhage, due to arteriosclerosis, and that the instrument was executed “ upon his death bed.” Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

268 A.D. 883, 50 N.Y.S.2d 876, 1944 N.Y. App. Div. LEXIS 4028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-young-nyappdiv-1944.

Opinion

Related

Cite This Page — Counsel Stack