Delafield v. Parish

(delivering the' opinion of the Court of Appeals), says: “ Regarding as I do the cases of Stewart v. Lispenard, and Blanchard v. Nestle, as fixing the standard of testable capacity at any given point above that of the idiot and lunatic, the will cannot be declared void for the want of a sound disposing mind.” (Clarke v. Sawyer, 2 N. Y. [2 Comst.], 498.)

See the observations of Senator Verplanck on the speculative question, whether' the right of disposing of property after death flows from positive law and the policy of society, or is a part of the natural right of property, agreeing with Lord…