In re the Probate of the Will of Caffrey — 221 N.Y. 486

Majority

p. 486

In the Matter of the Probate of the Will of Peter Caffrey, Deceased. Norah Noonan etal., Appellants; Matthew J. O’Brien, Individually and as Executor of Annie O’Neill, Deceased, Respondent.

(Argued April 18, 1917;

decided May 8, 1917.)

Headnote

Matter of Caffrey, 174 App. Div. 398 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1916, which affirmed a decree of the

p. 487

New York County Surrogate’s Court admitting to probate the will of Peter Caffrey, deceased, entered upon a verdict directed by the court. The only claim now made by contestants is that the propounded paper was never executed by Peter Caffrey, the decedent; that the signature or mark affixed to the will was not genuine, but a forgery.

Winifred Sullivan for appellants.

Randolph Harris and Charles P. Howland for respondent.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound and Andrews, JJ. Not sitting: McLaughlin, J.