Stanton v. Wetherwax
New York Supreme Court
This was an appeal from a decree of the surrogate of Herkimer county, admitting to probate the will of William Feeter, deceased. The will bore date the 21st of August, 1849. Feeter committed suicide in April, 1852. He left him surviving five daughters by his first wife, all married, and four children by his second wife—two daughters and two sons.
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This was an appeal from a decree of the surrogate of Herkimer county, admitting to probate the will of William Feeter, deceased. The will bore date the 21st of August, 1849. Feeter committed suicide in April, 1852. He left him surviving five daughters by his first wife, all married, and four children by his second wife—two daughters and two sons. One of these daughters was married to the respondent Wetherwax; the other daughter and the sons were minors, the sons being the youngest. He left real estate of the value of about $10,000, and personal property of the value of about $1500. The…
1Opinion of the Court
By the Court, Gridley, J.
The surrogate decided to admit the will ‘to probate; and this is an appeal from the decree made upon that decision. The appellant seeks to reverse the decision of the surrogate, on the ground that, in making it, he adopted an erroneous rule of law. He adopted the rule that has been held to apply to cases where the objection to the testator’s capacity was based on imbecility of mind, arising out of a general decay of the faculties by old age, grief, or other causes; and not on the ground of insanity or insane delusion. Preliminary to this inquiry, however, is another,…
2Cases cited1 opinion
- Blanchard v. NestleNew York Supreme Court · 1846
3Cited by17 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Owen v. CrumbaughIllinois Supreme Court · 1907
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Wangler v. . SwiftNew York Court of Appeals · 1882
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