Champney v. . Blanchard
New York Court of Appeals
This was an action by the Plaintiff, as administrator of Mary Champney, his deceased wife, to recover from the Defendant, who was a sister of the intestate, certain moneys alleged to have been loaned to her by Mrs. Champney a few months before her death.
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This was an action by the Plaintiff, as administrator of Mary Champney, his deceased wife, to recover from the Defendant, who was a sister of the intestate, certain moneys alleged to have been loaned to her by Mrs. Champney a few months before her death. The intestate gave np business as keeper of a boarding-house in Brooklyn, in April, 1863, and sold her furniture and plate, the former for about $2,800, received by one Hegeman, and the latter for $500, received by one Foster. In the same month of April she went to New Hampshire, in feeble health, and died there on the 26th of June of the…
1Opinion of the CourtDwight, J.
The referee has found as facts the intent of the decedent to give the moneys in question to the Defendant, her acts and declarations designed to effect such intention, and her capacity to make the gift; and each of these findings must be held conclusive, unless seen to be wholly unsupported by the evidence.
In respect to the last, it is claimed, on the part of the Appellant, that there is no legal and competent evidence to sustain it. It is said that the three witnesses relied upon by the Defendant to establish mental capacity were incompetent to give an opinion on that subject, and that,…
2Cases cited1 opinion
- Coutant v. SchuylerNew York Court of Chancery · 1829
3Cited by30 opinions
- Gray v. . BartonNew York Court of Appeals · 1873
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- In re the Transfer Tax upon the Estate of MillsAppellate Division of the Supreme Court of the State of New York · 1916
- Hogan v. SullivanSupreme Court of Iowa · 1901
- Goodrich's Exr. v. Rutland Savings BankSupreme Court of Vermont · 1908
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