Hyperlawhypertext legal database In re the Proving of the Will of Thompson 8 N.Y. St. Rep. 904

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In re the Proving of the Will of Thompson

8 N.Y. St. Rep. 904 Court N.Y. Gen. Term Decision date 1887-05-09 English

Delivered by Pratt, J.

Contents

Majority

p. 904
IN THE MATTER OF THE PROVING OF THE WILL OF JOHN THOMPSON, Deceased.

Headnote

Will—Proof of execution—Testamentary capacity.
Appeal from a decree made by the surrogate’s court of Suffolk county, admitting the will of John Thompson, deceased, to probate.
David Tim, for Julia Boell, app’lt; Thomas F. Lisgood, for resp’ts.

The evidence of the subscribing witnesses proved the execution of the will. The instructions were given by the testator, and there is no reason to doubt that they were his deliberate wishes. The subscribing witnesses and two attending physicians agree that testator was in sound mind and full possession of his faculties.

There is nothing in the provisions of the will to excite doubt of the justice and reasonableness of its provisions. The library, which is not shown to have any pecuniary value, is divided between two grandsons. The household fur niture and money in bank was equitably divided between testator’s two children. As this comprises all the property shown to have any value, it is not easy to see any motive for contesting the will.

Decree of surrogate affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.