Legal Opinion

Morse v. Scott

New York Surrogate's Court

Decided October 15, 1885Published

Petition for the probate of decedent’s will, presented by James Scott, therein nominated executor thereof; opposed by Sarah D. Morse and others, decedent’s heirs at law.

1Opinion of the Court

The Surrogate.

Unless it appears, from the testimony, that John S. Sammons was influenced in making the instrument propounded as his last will and testament by an insane delusion, the will should be admitted to probate, all other legal requisites having been sufficiently proved. The law permitted him to dispose of his own as he desired, whether that desire was induced by a ridiculous fancy to preserve his tomb, or a sincere wish to benefit the religious body selected by him as his principal beneficiary, although in so doing he excluded those recognized by our statutes as his heirs, provided…

2Cases cited4 opinions

  1. American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
  2. Van Guysling v. . Van KurenNew York Court of Appeals · 1866
  3. In re proving the last Will & Testament of ShawNew York Surrogate's Court · 1874
  4. Colhoun v. JonesNew York Surrogate's Court · 1870

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