New York Court of Appeals

Catharine Henrietta Marx, Appellant v. Edward McGlynn as Executor

March 21, 188288 N.Y. 357

Summary

The New York Court of Appeals affirmed the surrogate's decree admitting the will of Mary Caroline Marx to probate, holding that the witnesses were competent, the testatrix was of sound mind, no undue influence was proven, and the will's provisions were valid except for the alien devise of real estate (void but effective as a trust) and the residuary devise to an unincorporated religious society (void).