In re Proving the Will of Kennedy — 229 N.Y. 567

Majority

p. 567

In the Matter of Proving the Will of Andrew F. Kennedy, Deceased. Katherine Noble et al., Appellants; Joseph G. Cohen et al., as Executors, et al., Respondents.

Headnote

Will — objections of lack of proper execution, lack of testamentary capacity and undue influence overruled.

Matter of Kennedy (Will), 190 App. Div. 896 , affirmed.

(Argued April 16, 1920;

decided June 11, 1920.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1919, which unanimously affirmed a decree of the New York County Surrogate’s Court admitting to probate the will of Andrew F.

p. 568

Kennedy, deceased. Objections to probate had been filed upon the grounds of lack of proper execution, lack of testamentary capacity and undue influence. Upon the trial the surrogate directed the jury to answer the questions formulated for their consideration in favor of proponents.

Joseph S. Auerbach, Charles H. Tuttle, Felix A. Muldoon and Martin A. Schenck for appellants.

George W. Wickersham, Thomas B. Gilchrist and Joseph G. Cohen for respondents.

Order affirmed, with costs payable out of estate; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Crane and Elkus, JJ. Not voting: McLaughlin, J.