Beck v. McGillis
New York Supreme Court
The complaint in this cause stated that William Caldwell, late of the city of Albany, departed this life on the 1st day of April, 1848, after having made and published his last will and testament, in writing, in due form of law to pass real and personal estate, bearing date the 29th day of March, 1841, and also a codicil thereto in like form, bearing date the 29th day of December, 1841; which will and codicil were in force at the time of the testator’s death.
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The complaint in this cause stated that William Caldwell, late of the city of Albany, departed this life on the 1st day of April, 1848, after having made and published his last will and testament, in writing, in due form of law to pass real and personal estate, bearing date the 29th day of March, 1841, and also a codicil thereto in like form, bearing date the 29th day of December, 1841; which will and codicil were in force at the time of the testator’s death. The will contained these provisions. “ First. I give, devise and bequeath to my daughter Eliza, the wife of John McGillis of St. Johns,…
1Opinion of the CourtHarris, J.
In the examination of the questions which this case presents, I propose first, to determine the capacity of the defendants McGillis and wife, and their children, the principal objects of the testator’s bounty, to take under the will, and then to examine the provisions of the will, and ascertain its legal effect, in reference to such capacity.
1, As to the capacity of McGillis and wife and their children to take under the will. Mrs, McGillis was born a citizen of the United States. While yet a minor she intermarried with a subject of Great Britain, but neither her marriage nor her residence in…
2Cases cited8 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Shanks v. DupontSupreme Court of the United States · 1830
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Wood v. WoodNew York Court of Chancery · 1836
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- Vandemark v. VandemarkNew York Supreme Court · 1857
- Tichenor v. TichenorNew Jersey Court of Chancery · 1886
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