In re Proving the Will of Kennedy
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
In re Proving the Will of Kennedy, 129 N.E. 917 (N.Y. 1920)
Headnotes
Will — objections of lack of proper execution, lack of testamentary capacity and undue influence overruled.
Summary
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. 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.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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.
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