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issue would vest in the surviving beneficiaries. I invested for the purchase of an annuity.-Reid
v. Brown (Sup.) 27.
*Beneficiaries in a will effecting an equitable
*Devisees in a will entitled to take on the
Trust Co. v. O'Donohue (Sup.) 948.
*Intent to charge general legacies on real es-
tate held not inferable under the circumstances.
*Interest should be allowed on legacies from
-In re Runk (Sur.) 851.
no intestacy as to any such excess until after
Runk (Sur.) 851.
See “Depositions"; "Evidence."
Credibility of as question for jury, see "Trial,"
Opinions, see "Evidence," § 5.
tions than can the physician.-Dambmann v.
the physician will be presumed to be necessary
-Dambmann v. Metropolitan St. Ry, Co. (Sup.)
to repeat question in the way the witness had
answered it on direct examination.-Weinstein
v. Singer Mfg. Co. (Sup.) 517.
*Point annotated. See syllabus.
and 140 New York State Reporter WAYS.
presumption that he practiced undue influence
on testator.-In re Thompson's Will (Sup.) 111. Private rights of way, see "Easements."
*Evidence examined, and held insufficient to Public ways, see "Highways"; "Municipal Cor- show that the execution of a will was obtained porations," 8 6.
by undue influence.-In re Thompson's Will
(Sup.) 111. WELLS.
That testatrix's will named her attorney ex
ecutor held not to raise a presumption of undue Nominal damages for breach of contract to ad- influence against the will.-In re Marlor's Will
vance money for boring oil well, see "Dam- (Sup.) 131. ages," § 1.
*Revocation of probate of will because of undue influence denied.-In re Wilcox's Estate
(Sur.) 468. Condition and use of piers of municipal corpo- | $ 4. Probate, establishment, and annal. ration, see “Municipal Corporations," $ 7.
ment. *In order to submit to the jury the question as to whether testator was of sound mind at the
execution of the codicil, evidence must show inSee “Descent and Distribution”; “Executors
sufficient mental capacity to understand the
condition of his property, to remember his reand Administrators."
lations and the scope of the provisions of the Barring of right of legatee by limitations to re
codicil.-Shayne v. Shayne (Sup.) 34. quire an executor to account, see “Limitation of Actions," § 1.
*The probate of a last will will be set aside Construction and execution of powers, see "Pow
only where there is substantial proof of mental
incapacity of the testator or the exercise of uners," $ 2. Construction and execution of trusts, see
due influence.-Shayne v. Shayne (Sup.) 34. "Trusts."
*In an action under Code Civ. Proc. $ 2653a, Courts of probate, see "Courts," $ 4.
to set aside probate of codicil, plaintiff must Equitable conversion, see “Conversion."
overcome the presumption of the due execution Legacy and succession taxes, see "Taxation," by a pteponderance of the evidence.-Shayne v. $ 5.
Shayne (Sup.) 34. Restriction on perpetuities, see “Perpetuities."
Legatee under Code Civ. Proc. $ 2017, cannot Right of devisee to maintain partition, see “Par intervene to oppose probate of will where he tition," $ 1.
would acquire less under a prior will of testaTermination of power created by will, see "Pow
tor.-In re Hoyt's Will (Sur.) 359. ers," $ 1.
*Where expert testimony as to the testamen$ 1. Nature and extent of testamentary tary capacity of testator is in conflict with that power.
of subscribing witnesses, one of whom is a Where testator gave the residue of his estate physician, the testimony of the subscribing wit. to his wife for life, and then made certain chari- nesses should prevail.-In re Tifft's Will (Sur.) table bequests, computation to determine excess | 362. thereof, under Laws 1860, p. 607, c. 360, should
| *In a proceeding for the revocation of a will, be based on the actual duration of the life
the surrogate has no jurisdiction to construe estate and not on the probability of its dura
its provisions.-In re Wilcox's Estate (Sur.) tion at the testator's death.--In re Runk (Sur.)
*Will offered for probate executed by a mark, $ 2. Testamentary capacity.
the attesting witness being dead, admitted to *A will by a drunkard is valid, if at the time probate under Code Civ. Proc. $ 2620.-In re of its execution he knew the nature and dis- Foley's Will (Sur.) 474. position of his estate and his relations to those
*Husband alone held entitled to object to behaving any claim on his bounty.-In re Tifft's Will (Sur.) 362.
quest of more than one-half of wife's estate to
a religious corporation as in violation of Laws Will admitted to probate against the objec- 1860, p. 607, c. 360.-In re Eldredge's Estate tion that testator's testamentary capacity was (Sur.) 1036. affected by his habits of habitual intoxication. --In re Tifft's Will (Sur.) 362.
§ 5. Construction. * Evidence held insufficient to show incompe- , man pending the life of the life tenant his share
Will construed, and on death of remaindertency of testator on account of drunkenness.
passed to his children and the devisees of the In re Feeney's Will (Sur.) 464,
testator free from all claims of his creditors.*Evidence held insufficient to show mental in- Hall v. Senior (Sup.) 29. capacity of testator.-In re Armstrong's Will
*Will construed, and held to show no intent (Sur.) 671.
to charge a legacy on the real estate.-Bankers' $ 3. Requisites and validitv.
Trust Co. v. Dietz (Sup.) 32. The mere fact that the draughtsman of a will Will construed, and held that share of deis made executor or a trustee does not raise any 'ceased grandchild dying after testator without
*Point annotated. See syllabus.