Christy v. Clarke
New York Supreme Court
THIS is an appeal from a decree of the surrogate'of the county of New "York, dated June 2, 1865, admitting to probate a paper writing, alleged to be the last will and testament of Edwin P-. Christy, deceased. The contestants and appellants are the widow of said Christy, deceased, and Edwin B, Christy, his only surviving son, and who is the only next of kin and heir at law.
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THIS is an appeal from a decree of the surrogate'of the county of New "York, dated June 2, 1865, admitting to probate a paper writing, alleged to be the last will and testament of Edwin P-. Christy, deceased. The contestants and appellants are the widow of said Christy, deceased, and Edwin B, Christy, his only surviving son, and who is the only next of kin and heir at law. During the years 1859, 1860, 1861, and 1862, Edwin P. Christy was possessed of real and personal property, amounting in value to the sum of $200,000. During said years, he commenced to exhibit evidence of insanity; which…
1Opinion of the Court
By the Court, Geo. G. Barnard, P. J.
Three questions have "been raised and argued :
1. "Whether Harriet E. Christy was the lawful wife, and Edwin B. and William A. Christy the legitimate children and heirs at law of Edwin P. Christy, deceased, or not.
2. Whether a paper purporting to be the will of Edwin P. Christy was executed, while "he was of sound disposing mind, or not.
3. Whether said paper was procured to be executed by said Edwin P. Christy by fraud or undite influence, or not.
Erom the return of the surrogate, it does not appear that he considered or passed on the first question. Having…
2Cases cited5 opinions
- Clayton v. . WardellNew York Court of Appeals · 1850
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Rose v. ClarkNew York Court of Chancery · 1841
- Clayton v. WardellNew York Supreme Court · 1849
- Maxwell v. ChapmanNew York Supreme Court · 1850
3Cited by6 opinions
- In re the Judicial Settlement of the Accounts of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Coler v. McTigheAppellate Division of the Supreme Court of the State of New York · 1925
- Renholm v. Public AdministratorNew York Surrogate's Court · 1877
- Claim of Dondero v. Queensboro News Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- In re the Proving the Last Will & Testament of MillerNew York Surrogate's Court · 1906
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