Coffin v. Coffin
New York Court of Appeals
Appeal from a judgment of. the Supreme Court in the second district, affirming a decision of the Surrogate of the County of Dutchess, refusing to admit to probate the last will and testament of Trustrum Coffin, deceased. The testator, a resident of the town of Washington, in said county, died in March, 1857, leaving a widow, Jane Ann Coffin, and a son, Henry T. Coffin, about eleven years of age, and no other heirs or next of kin.
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Appeal from a judgment of. the Supreme Court in the second district, affirming a decision of the Surrogate of the County of Dutchess, refusing to admit to probate the last will and testament of Trustrum Coffin, deceased. The testator, a resident of the town of Washington, in said county, died in March, 1857, leaving a widow, Jane Ann Coffin, and a son, Henry T. Coffin, about eleven years of age, and no other heirs or next of kin. He left a will, which was executed in May, 1854, nearly three years before his death, whereby he disposed of Ms estate and appointed his nephews, Alexander H.…
1Opinion of the Court
Comstock, Ch. J.,
delivered the opimon of the court:
The objection that the testator was incompetent to make a will, being wholly unsustained by the proof, was abandoned *11on the argument in this court. It was urged, however, that the execution of the instrument was procured by fraud and undue influence, and this point will be first examined. It appears that the testator, although an aged man, and doubtless somewhat enfeebled in his faculties, lived nearly three years after the will was made, and attended to such affairs as he had to transact. • At the date of the will, he was in the enjoyment of…
2Cases cited3 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Rieben v. HicksNew York Surrogate's Court · 1855