Chambers v. Chambers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Henry Chambers and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 23d day of October, 1900, upon the decision of the court, rendered after a trial at the Warren Trial Term before the court without a jury, adjudging that an instrument, bearing date September 23, 1896, purporting to be the will" of Clarissa Ordway, deceased, was her last will and testament, and…
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Appeal by the plaintiffs, Henry Chambers and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 23d day of October, 1900, upon the decision of the court, rendered after a trial at the Warren Trial Term before the court without a jury, adjudging that an instrument, bearing date September 23, 1896, purporting to be the will" of Clarissa Ordway, deceased, was her last will and testament, and dismissing the complaint.
1Opinion of the Court
Edward's, J.:
This action was brought to determine the validity of the probate of the will of Clarissa 'Ordway, who died at Glens Falls, N. Y., on June 6, 1899. The will was admitted to probate, without a contest, by the surrogate of Warren county on the 7th- day of August, 1899.
•The deceased left no husband nor surviving child, and this action *301was brought by her four surviving brothers and by other next of kin, claiming that the will is invalid by reason of mental incompetency of the testatrix and of undue influence.
A joint answer was interposed by William Gr. Chambers, the principal…
2Cases cited5 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- McLaughlin v. . McDevittNew York Court of Appeals · 1875
- Marvin v. MarvinNew York Court of Appeals · 1868
3Cited by7 opinions
- Piercy v. PiercyCalifornia Court of Appeal · 1912
- In Re Estate of OlsonSupreme Court of Minnesota · 1948
- In re the Probate of the Alleged Codicil of the Last Will & Testament of BossomAppellate Division of the Supreme Court of the State of New York · 1921
- Lesster v. LessterAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
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