Dack v. Dack

Decided January 15, 1880

New York Supreme Court · decided 1880-01-15

deceased. The testator’s will, dated December 15, 1871 was admitted te probate. The codicil is dated March 8, 1876. The surrogate decided that the testator was competent to make a will, and that the will was executed in due form, and that-neither the will nor codocil was procured by undue influence; that the evidence failed to show a proper execution of the codicilr and he, therefore, admitted the will to probate and rejected the codicil.

Decided 1880-01-15

¶1Opinion by

Hardin, J.,Talcott, P. J., and Smith, J., concurred.

¶2Decree of surrogate of Mouroe county refusing probate of the codicil reversed, with costs of the appeal payable out of the estate, and proceedings remitted to the surrogate with directions -to admit the codicil to probate.