Betts v. Jackson ex dem. Brown
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. In 1816, Benajah Brown made his will, and by it devised the whole of his real and personal estate to six sons, he having at the time six sons, six daughters and one grandson ; charging his estate with the payment of $200 to each of his daughters, and of a like sum to his grandson.
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Error from the supreme court. In 1816, Benajah Brown made his will, and by it devised the whole of his real and personal estate to six sons, he having at the time six sons, six daughters and one grandson ; charging his estate with the payment of $200 to each of his daughters, and of a like sum to his grandson. In 1821, he made a codicil to his will, by which an alteration was made in the disposition of the property, so that the shares of two of his sons were given to a trustee for their use. The codicil was duly executed, attached to the will and taken by Brown. Brown resided in the county of…
1Opinion of the Court
The following opinions were delivered ;
By the Chancellor.
Before I proceed to the examination of the more important questions in this cause, it may be proper briefly to notice the objection to a decision of the judge, as to the admissibility of evidence to prove (he situation of the testator’s children as to property at the time of his death.
Wherever a doubt is raised by the evidence as to the mental capacity of the testator, or as to the exercise of undue influence in obtaining a testamentary disposition of the property of a man whose mind is weakened, or rendered imbecile by age or disease,…
2Cases cited1 opinion
- Dietrick v. DietrickSupreme Court of Pennsylvania · 1819
3Cited by66 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Schultz v. . SchultzNew York Court of Appeals · 1866
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