2 N.Y.S. 117 | N.Y. Sup. Ct. | 1888
It is our duty to examine the case de nova; and unless we are satisfied that the probate should be granted, and have no doubt on that point, we should reverse the decree, and order issues to be tried. Howlard v. Taylor, 53 N. Y. 627. The decedent and her sister Maria Lansing were unmarried women, who lived together on a farm. At the date of the alleged will, she was about 63; the sister a little younger. They lived in a penurious manner, somewhat careless as to neatness. They took no newspapers and
Ordinarily, the formal execution of a will affords presumptive evidence that the testator knows its contents. But, of course, the strength of this presumption varies with circumstances; and where a woman not accustomed to
Landon and Ingalls, JJ., concur.