Nelson v. McDonald
New York Supreme Court
Appeal from special term, Onondaga county. Action by Jane Nelson against Isabella McDonald and others to reform a will. Judgment for defendants. Plaintiff appeals. Affirmed. In November, 1885, John and Jane Nelson, who were husband and wife, and who resided in the city of Syracuse, N. Y., employed one Oowie to draw their wills, each giving all his or her property to the other. The wills were drawn at the house of the parties, and read to them.
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Appeal from special term, Onondaga county. Action by Jane Nelson against Isabella McDonald and others to reform a will. Judgment for defendants. Plaintiff appeals. Affirmed. In November, 1885, John and Jane Nelson, who were husband and wife, and who resided in the city of Syracuse, N. Y., employed one Oowie to draw their wills, each giving all his or her property to the other. The wills were drawn at the house of the parties, and read to them. They were then laid upon the table for them to sign, and each signed one of the wills. Each was ■ then asked if the paper signed by him or her was his…
1Opinion of the CourtMartin, J.
The manifest purpose of this action was to correct the mistake of the decedent in signing the wrong will; in other words, it was to reform the will signed by him by changing the provisions therein so as to make them conform to the provisions contained in the will which he intended to sign. The appellant contends that authority to maintain such an action is given by section 1866 of the Code of Civil Procedure, which provides: “The validity, construction, or effect, under the laws of the state, of a testamentary disposition of real property situated within the state, or of an interest in such…
2Cases cited16 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Patch v. WhiteSupreme Court of the United States · 1886
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Pond v. BerghNew York Court of Chancery · 1843
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3Cited by2 opinions
- Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982
- Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982