American Seaman's Friend Society v. Hopper
New York Supreme Court
APPEAL from a decree of the surrogate of the county of Hew York, declaring an instrument propounded as the last will and testament of Charles Hopper, deceased, to be invalid on the ground of his want of mental capacity.
1Opinion of the CourtLeonard, J.
The surrogate has found against the validity of the will of Charles Hopper, deceased,, on the ground of his want of mental competence.
Had the testator made a natural or usual disposition of his property, his mental capacity would not have been questioned. But the will in this case, disregarding external facts and circumstances narrated by the witnesses, was unnatural, and, in part, against the express provisions of an act of the legislature of this state. (Sess. L. 1860, chap. 360, p. 607.)
The monomania, or mental delusion of the testator, if any existed, related directly to the -subject of…
2Cited by2 opinions
- Ballantine v. ProudfootWisconsin Supreme Court · 1885
- Kingsbury v. WhitakerSupreme Court of Louisiana · 1880