Hyperlawhypertext legal databasebeta In re the Probate of the Will of Bennett 238 N.Y. 583

← Cases

In re the Probate of the Will of Bennett

238 N.Y. 583 Court N.Y. Decision date 1924-05-23 English

Contents

Majority

p. 583
In the Matter of the Probate of the Will of Frank Bennett, Deceased. Christina Graf et al., Appellants; Anna B. Bennett, Respondent

Headnote

Will — probate — evidence — credibility of witness.
Matter of Bennett (Will), 207 App. Div. 388 , affirmed.
(Argued May 12, 1924;
decided May 23, 1924.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1923, which affirmed a decree of the Kings County Surrogate’s Court admitting to probate a paper propounded as the last will and testament of Frank
p. 584
Bennett, deceased. The only question was as to whether the will was duly executed, one of the witnesses testifying that there was no publication thereof.
Thomas J. O’ Neil, Adolph Huger and Leonard F. Fish for appellants.
Herbert T. Ketcham for respondent.

Order affirmed, with costs, on ground that contestant’s evidence was incredible as matter of law; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.