Legal Opinion

Dobie v. Armstrong

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 15 opinions

Appeal by the defendant, Emmett Armstrong, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Clinton on the 13th- day of January, 1897, upon the verdict of a jury rendered by direction of the court, establishing the validity of the probate of the last will and testament of Thomas Armstrong, deceased, with notice of an intention to bring up for review upon such appeal an order bearing date the 18th day of…

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Appeal by the defendant, Emmett Armstrong, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Clinton on the 13th- day of January, 1897, upon the verdict of a jury rendered by direction of the court, establishing the validity of the probate of the last will and testament of Thomas Armstrong, deceased, with notice of an intention to bring up for review upon such appeal an order bearing date the 18th day of November, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. ■…

1Opinion of the Court

Follett, J.:

December 31, 1895, Thomas Armstrong, of Plattsburgh, N. Y., died leaving a last will and testament relating to real and personal property, which was admitted to probate in the Surrogate’s Court of Clinton county May 8, 1896, and letters testamentary were issued thereon to the executor nominated in the will. The testator left but one descendant, a son, Emmett Armstrong, who appeared and con- . tested, in the Surrogate’s Court, the validity of his father’s will on " the ground that he was insane and not possessed of sufficient mental capacity to make a will. So far as it appears,…

2Cases cited1 opinion

  1. Hawke v. HawkeNew York Supreme Court · 1894

3Cited by15 opinions

  1. People Ex Rel. Compagnie Nationale Air France v. GilibertoIllinois Supreme Court · 1978
  2. In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
  4. In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984
  5. In re OrrellNew York Surrogate's Court · 1929

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