Townsend v. Bogart
New York Surrogate's Court
Application for the probate of a will. Objections were filed on behalf of Emeline Townsend, a sister of decedent, on the ground that it was not the last will of decedent; that the contents were never known to her; that she never declared it to be her last will; that she never requested the witnesses to subscribe; that she was not of sound mind ; that- it was procured by fraud, circumvention, misrepresentation and undue influence by John W. Bogart or Ellen Bogart; and that it…
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Application for the probate of a will. Objections were filed on behalf of Emeline Townsend, a sister of decedent, on the ground that it was not the last will of decedent; that the contents were never known to her; that she never declared it to be her last will; that she never requested the witnesses to subscribe; that she was not of sound mind ; that- it was procured by fraud, circumvention, misrepresentation and undue influence by John W. Bogart or Ellen Bogart; and that it was not freely or voluntarily executed. The instrument propounded bore date December 1, 1869 ; purported to have been…
1Opinion of the Court
The Surrogate.
The testimony, upon which it is claimed that the decedent was of sound and disposing mind, is substantially that of Dr. Warner, one of the subscribing witnesses to the will propounded, who testified that he had no doubt decedent was of sound mind ; that from her appearance he thought she was of sound mind, though he did not think a physician could form a competent judgment by means of such an interview ; but he observed nothing abnormal in her condition :—that of the other subscribing witness, Mr. Bennett, who testified that he had lived in the family two or three years ; that…
2Cases cited6 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Stewart's v. LispenardNew York Supreme Court · 1841
- Bundy v. McKnightIndiana Supreme Court · 1874
- Meeker v. MeekerIllinois Supreme Court · 1874
- Kinne v. JohnsonNew York Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Probate of the Paper Propounded as the Last Will & Testament of De CastroNew York Surrogate's Court · 1900
- In re Boardman's WillNew York Surrogate's Court · 1891