2 Mills Surr. 546 | N.Y. Sur. Ct. | 1902
— Tbe decedent was a confirmed inebriate, and for some time before executing tbe paper propounded as a will bad slept in a lodging bouse of a class where lodging, if paid for daily, cost fifteen cente per nigbt, and, if paid weekly in advance, cost one dollar per week. A sum of money belonging to him was intrusted by bis sister, wbo was the executor of tbe will of a deceased brother, with tbe attorney wbo is now tbe petitioner in this proceeding, and from this fund bis necessities were supplied. It was tbe babit of tbe decedent to call upon tbe attorney each morning and receive about two dollars. Clothing was furnished him by a retail dealer in tbe neighborhood, a client of tbe attorney, upon orders of the attorney. Tbe decedent expended tbe moneys thus dealt out to him for food and liquor, and was generally, if not uniformly, quite drunk before tbe end of tbe day. Upon tbe morning of January 5, 1901, the decedent called at tbe office of tbe attorney, and there signed tbe propounded paper, which bad been prepared by a clerk of tbe attorney, in tbe presence of another clerk of tbe attorney, and of the clothing dealer already mentioned, wbo subscribed their names as witnesses. Tbe attorney was present at tbe time of tbe execution of the document, and the decedent answered a question or questions put by tbe attorney, as to whether it was his will, and as to whether he requested tbe witnesses to subscribe their names in attestation of it, in the affir
Application for probate denied.
