1 Mills Surr. 513 | N.Y. Sur. Ct. | 1900
The will offered for probate was executed ae-cording to legal forms in one of the intervals between the periodic attacks of drunkenness to which the testatrix wias subject, and at that time she had been sober for about three or four weeks. The evidence is substantially uncontradicted that during her intervals of sobriety the testatrix appeared to be rational •and conversed intelligently on many subjects. Even Hrs. Kirk, the housekeeper, called by the contestants, asserted that when the testatrix recovered from the serious debauch of October and November, 1897, at which time the witness left her, •she had made a. “ Christian woman ” of her and she was in good -condition. The son of the housekeeper, Hr. Kirk, testified that it was one of his occupations while he wias in the house of Hrs.
Probate decreed.