Van Alst v. Hunter
New York Court of Chancery
THE plaintiffs, Abraham Van Alst and twenty others, being heirs at law of Jacob Bennet, deceased, filed their bill on the 4th of November, 1818, against the defendants, George Hunter, and Anne his wife, and David C. Van Alst, to set aside the will of Bennet, on the ground of the incompetency of the testator. The testator died on the 22d of April, 1817, leaving the plaintiffs, and the defendants Anne Hunter and D. C. V. A. his heirs at law.
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THE plaintiffs, Abraham Van Alst and twenty others, being heirs at law of Jacob Bennet, deceased, filed their bill on the 4th of November, 1818, against the defendants, George Hunter, and Anne his wife, and David C. Van Alst, to set aside the will of Bennet, on the ground of the incompetency of the testator. The testator died on the 22d of April, 1817, leaving the plaintiffs, and the defendants Anne Hunter and D. C. V. A. his heirs at law. On the 10th of January, 1816, the testator made a will and codicil set forth in the bill, by which he gave to the defendant Hunter, and Anne his wife, the…
1Opinion of the Court
The Chancellor.
This was a bill filed by the heirs of Jaco6 Bennet, to set aside his will, as having been made, when by reason of his age and infirmity, he was not of competent mind and memory, or of having been procured by the undue influence of the defendants. An issue was awarded, according to the practice of the Court in such cases, to try the question of the testator’s competency, and the validity of the will. The cause was tried at the JVezvYork Sittings, in June, 1820, and after a trial which lasted eight days, and in which thirty-nine witnesses were examined, viva voce, and twelve…
2Cited by37 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Chrisman v. CherismanOregon Supreme Court · 1888
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Woodman v. Illinois Trust & Savings BankIllinois Supreme Court · 1904
- Wilson v. MitchellSupreme Court of Pennsylvania · 1882
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