In Re the Probate of the Will of White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1889, which affirmed a decree of the Surrogate’s Court of Madison county, admitting to probate the will of James D. White,«deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1889, which affirmed a decree of the Surrogate’s Court of Madison county, admitting to probate the will of James D. White,«deceased. The material facts are stated in the opinion. The decedent was laboring under the insane delusion that his son was engaged in a conspiracy to injure and defraud him at the túne he executed the paper purporting to be his last will. The paper is the offspring of his delusion, and is, therefore, invalid. (Bushw. on Insanity, §§ 363,…
1Opinion of the CourtGray, J.
The questions, which this record brings more prominently before us, are whether the decedent’s mind was so affected, in relation to his testamentary dispositions, by undue influences exerted on the part of his wife and daughter, or by an insane delusion respecting his son, as to render his will invalid. By its terms he gave a legacy of $150 to his only son by a former wife, and of the residue he gave one-half to his widow for her life, and the other half to his only daughter by the second wife during the life of his widow. After his widow’s death he gave all of the residuary estate to his…
2Cases cited1 opinion
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