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In re Card's Will

123 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1910-05-25 English

Contents

Majority

p. 1109
In re CARD’S WILL.
(Supreme Court, Appellate Division, Fourth Department.
May 25, 1910.)

Headnote

In the matter of the probate of the last will and testament of Emily L. Card, deceased.

Decree of Surrogate’s Court reversed, upon questions of fact, with costs to appellant to abide event, payable out of the estate, and a trial of the following issues of fact directed to be had, as provided by section 2588 of the Code of Civil Procedure, by and before a jury of the Supreme Court, at a Trial Term thereof, to be convened at Mayville, in and for the county of Chautaqua, on the first Monday in October, 1910, to wit: (1) Did Emily L. Card possess testamentary capacity at the time of the execution of her alleged will, bearing date January 31, 1903? (2) Was the execution of said alleged will procured by undue influence practiced upon her?