Hyperlawhypertext legal database In re the Probate of the Last Will of Wilmurt 22 N.Y. St. Rep. 102

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In re the Probate of the Last Will of Wilmurt

22 N.Y. St. Rep. 102 Court N.Y. Gen. Term Decision date 1889-02-11 English

Delivered by Dykman, J.

Contents

Majority

p. 102
In the Matter of the Probate of the Last Will of John J. Wilmurt Deceased.
(Supreme Court, General Term, Second Department,
Filed February 11, 1889)

Headnote

Wills—Probate—When decree admitting will proper.
Where the testimony introduced hy the proponents of a "will, is clear
p. 103
and satisfactory, showing a compliance with all formalities required by statute, and that the decedent was in full possession of all his mental faculties at the time of the execution of the will, and was entirely free from all restraining influences, a decree admitting the will to probate is proper.
Appeal from a decree of the surrogate’s court of Kings county, admitting to probate,' the last will and testament of John J. Wilmurt, deceased.
Tuttle, Goodell & Brooks, for app’lt; C. & T. Perry (Albert G. McDonald, of counsel), for resp’t.

—This is an from a decree of the surrogate of Kings county, admitting to probate the last will and testament of John J. Wilmurt, deceased.

There was no question respecting the due and proper execution of the will, and the proof shows a compliance with all formalities required by the statute.

The contest proceeded upon the theory of mental incapacity, and the testimony introduced by the contestants was directed chiefly to that subj ect, but it was so slight as to command no respect. In fact, with the exception of the physician, no witness for the contestants, furnished any evidence of even mental weakness, and what the physician said was in answer to hypothetical questions only, and was entitled to little or no consideration in the case.

The testimony introduced by the proponents was clear and satisfactory, and showed the decedent in the full possession of his mental faculties, at the time of the execution-of his will, and entirely free from all restraining influences.

The controversy over the will was entirely without, foundation or justification, and we find no error in the exclusion of evidence by the surrogate.

The decree should be affirmed, with costs.

All concur.