In the Matter of Proving the Will of Francis L. Leland, Deceased. Laletta Leland, Respondents; Timothy M…

Summary

The New York Court of Appeals affirmed the Appellate Division's order denying letters testamentary to Timothy M. Cheesman, holding that the appellate court may render a final judgment on undisputed facts in an appeal from a Surrogate's Court and that the statutory phrase “want of understanding” disqualifies a person whose mental impairment from bodily disease prevents him from understanding executor duties.