Bowen v. Idley
New York Court of Chancery
The bill in this cause sought to establish a will made by one Joseph Idley, and which, it was alleged, had been cancelled or destroyed by his wife, the defendant Elizabeth Idley, without direction, desire, consent or knowledge; and also sought to set aside an after will, upon the ground of the testator’s incompetency, from a diseased state of mind, ■ The complainants, Ann Eliza Bowen and Mary Ann Idley were the only children of the said Joseph Idley.
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The bill in this cause sought to establish a will made by one Joseph Idley, and which, it was alleged, had been cancelled or destroyed by his wife, the defendant Elizabeth Idley, without direction, desire, consent or knowledge; and also sought to set aside an after will, upon the ground of the testator’s incompetency, from a diseased state of mind, ■ The complainants, Ann Eliza Bowen and Mary Ann Idley were the only children of the said Joseph Idley. The defend- . , . . , ant was his widow. The bill set forth, amongst other things, that on or about the third day of April one thousand eight…
1Opinion of the Court
The Vice-Chancellor.
The bill in this cause is filed by George Bowen and Ann Eliza his wife and by Mary Ann Idley, an infant, by George Bowen her next friend—Ann Eliza Bowen and Mary Ann Idley are sisters and the only children of Joseph Idley deceased. The defendant is the widow of Joseph Idley and the step-mother of the two complainants. One object of the bill is to set aside an instrument purporting to be the last will of the deceased, and made shortly before his death, upon the ground of fraud by the defendant in procuring it, added to the incompetency of the decedent. It bears date the…
2Cited by4 opinions
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- Davis v. SigourneyMassachusetts Supreme Judicial Court · 1844
- Benedict v. CooperNew York Surrogate's Court · 1885
- Estate of CooperNew York Surrogate's Court · 1855