Legal Opinion

In re Will of Moon

New York Supreme Court

Decided December 11, 1889Published

Appeal from the decree of the Rensselaer county surrogate, admitting to probate an instrument purporting to be the last will and testament of Sally Moon, deceased. Sally Moon, the alleged testatrix, was an unmarried female seventy-seven years of age, and for about twenty years immediately before her death had been employed in the hosiery mill of Andrew B. Knowlson, the sole beneficiary under her alleged will.

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Appeal from the decree of the Rensselaer county surrogate, admitting to probate an instrument purporting to be the last will and testament of Sally Moon, deceased. Sally Moon, the alleged testatrix, was an unmarried female seventy-seven years of age, and for about twenty years immediately before her death had been employed in the hosiery mill of Andrew B. Knowlson, the sole beneficiary under her alleged will. She became ill at the mill about six weeks before her death and was thereafter cared for at the house of her grandnephew George Lamphere. The certificate of her death filed with the…

1Opinion of the CourtLandon, J.

(After stating the facts as above.) The evidence is not very satisfactory as to the condition of the decedent’s mind at the time of making the alleged will. She was seventy-seven years of age, was very ill and weak, being about to die, if not of apoplexy, at least of debility. If she had any desire to make a will she had not expressed it. Lamphere, her grandnephew, in whose house she was being cared for, wanted her to make a will in his favor. He seems to have been unsuccessful in obtaining any result, and he solicited Mrs. Griggs, her friend, to promote his wishes. Mrs. Griggs’ mind reverted…

2Cases cited7 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  3. Loder v. . WhelpleyNew York Court of Appeals · 1888
  4. In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
  5. In re Lasak's EstateNew York Supreme Court · 1890

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