In re Townsend's Will

New York Supreme Court

In re Townsend's Will

16 N.Y.S. 949, 42 N.Y. St. Rep. 953, 1891 N.Y. Misc. LEXIS 2314

DecidedDecember 14, 1891

StatusPublished

This text of 16 N.Y.S. 949 (In re Townsend's Will) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Townsend's Will, 16 N.Y.S. 949, 42 N.Y. St. Rep. 953, 1891 N.Y. Misc. LEXIS 2314 (N.Y. Super. Ct. 1891).

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Opinion

Dykman, J.

This is an appeal from the decree of the surrogate of Orange ■county, denying the petition for the revocation of the probate of the last will and testament of William Townsend, deceased. The testator died December 1, 1889, leaving a will dated November 24, 1889, which was proved and admitted to probate January 30, 1890. Within a year thereafter, and on the -26th day of December, 1890, this proceeding was instituted, and resulted in a decree which was made March 19, 1891, confirming the probate of the will. We discover no merit in this appeal, and a careful examination of the testimony conducts the mind easily to the conclusion reached by the surrogate. The will is a natural one under the circumstances in which the testator was placed, and his brother, who alone might deem the discrimination against ■him unjust, has acquiesced in its proof, and collateral relatives alone contest its validity. The proof of the competency of the testator is overwhelming, and the testimony against it is quite unsatisfactory. There are no circum-stances of suspicion attending the making of the will, and its execution was in all respects regular. We find no error, and the decree should be affirmed, ■with costs.

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Dykman, J.

This is an appeal from the decree of the surrogate of Orange ■county, denying the petition for the revocation of the probate of the last will and testament of William Townsend, deceased. The testator died December 1, 1889, leaving a will dated November 24, 1889, which was proved and admitted to probate January 30, 1890. Within a year thereafter, and on the -26th day of December, 1890, this proceeding was instituted, and resulted in a decree which was made March 19, 1891, confirming the probate of the will. We discover no merit in this appeal, and a careful examination of the testimony conducts the mind easily to the conclusion reached by the surrogate. The will is a natural one under the circumstances in which the testator was placed, and his brother, who alone might deem the discrimination against ■him unjust, has acquiesced in its proof, and collateral relatives alone contest its validity. The proof of the competency of the testator is overwhelming, and the testimony against it is quite unsatisfactory. There are no circum-stances of suspicion attending the making of the will, and its execution was in all respects regular. We find no error, and the decree should be affirmed, ■with costs.

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Bluebook (online)

16 N.Y.S. 949, 42 N.Y. St. Rep. 953, 1891 N.Y. Misc. LEXIS 2314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-townsends-will-nysupct-1891.