Appellate Division of the Supreme Court of New York, 1947

In re the Probate of the Will of Johnson

In re the Probate of the Will of Johnson
Appellate Division of the Supreme Court of New York · Decided July 1, 1947
272 A.D.2d 968
In re the Probate of the Will of Johnson

Opinion of the Court

Appeal from a decree of the Surrogate’s Court of Otsego County, entered upon a verdict directed by the Surrogate after a contest before a jury, which admitted to probate the last will and testament of Eva E. Johnson, deceased. Decedent was survived by two nephews and a niece. Ho mention was made of her niece in the will, but small bequests were made to her two nephews. The bulk of her estate was left by a residuary clause to proponent, who was not a relative. Proponent [respondent herein] offered credible testimony from respectable witnesses to prove the proper execution of the will and that the decedent possessed testamentary capacity. Contestants [appellants -herein] offered no proof to the contrary sufficient to create issues of fact. The direction of a,verdict was proper. Decree affirmed, without costs. All concur.

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