Gardner v. Heyer
New York Court of Chancery
The bill in this cause was filed by the brother and heir at law of John Gardner deceased, against the surviving executor and trustee under the will of the latter, and certain persons claiming to be the general legatees named or described in the will.
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The bill in this cause was filed by the brother and heir at law of John Gardner deceased, against the surviving executor and trustee under the will of the latter, and certain persons claiming to be the general legatees named or described in the will. The complainant alleged that the will was obtained by fraud from the testator, at a time when he was wholly incompetent to make a will; and he prayed that the will might be declared void, and be ordered to be delivered up to be cancelled ; that the trustees and executor might be directed to deliver up the possession of the real estate to the…
1Opinion of the Court
The Chancellor.
The answers and affidavits on the part of the defendants shew that neither the solicitor, nor complainant who swore to the truth of the bill, had any foundation for their belief as to the incompetency of the testator, or the fraud in obtaining the will. The injunction cannot be sustained on that ground; even if the court had the power to set aside the will as to the personal estate after it had been proved in ample form before the surrogate and after the complainant who contested it there had for a- period of ten years neglected to appeal from that decision. But a new ground is…
2Cited by20 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Beall v. BeallSupreme Court of Georgia · 1850
- Daugherty v. RogersIndiana Supreme Court · 1889
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Button v. American Tract SocietySupreme Court of Vermont · 1851
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