Forman v. Smith
New York Supreme Court
This is an appeal from the decision of the surrogate of Delaware county, made on the 22d of Hovember, 1870, admitting to probate an alleged will of Henry Forman, deceased. The probate was contested by all the heirs, except Alexander Forman, a son who is the principal legatee and devisee, on the ground of the incapacity of the deceased to make a will, and also that it was not his free and voluntary act and deed, but the result of undue influence.
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This is an appeal from the decision of the surrogate of Delaware county, made on the 22d of Hovember, 1870, admitting to probate an alleged will of Henry Forman, deceased. The probate was contested by all the heirs, except Alexander Forman, a son who is the principal legatee and devisee, on the ground of the incapacity of the deceased to make a will, and also that it was not his free and voluntary act and deed, but the result of undue influence. The facts necessary for a proper understanding of the case appear in the opinion.
1Opinion of the CourtMiller, P. J.
The testator died in November, 1868, aged eighty-two years. In the latter part of June or July, 1864, as the testimony shows, he made a will which is not produced, and the contents of which are not fully in evidence, although it appears he devised one of his farms to his only daughter Mrs. Benson, wife of Simon Benson, of Erie, Pennsylvania.
On the sixth of August following he executed another will, by which he devised all his estate to his wife, who was then living, during her life and making her an executrix. And upon the decease of his wife he distributed his estate among some members of…
2Cases cited4 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Kinne v. JohnsonNew York Supreme Court · 1869
- Ean v. SnyderNew York Supreme Court · 1865
3Cited by15 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Estate of AllenOregon Supreme Court · 1925
- Coit v. . PatchenNew York Court of Appeals · 1879
- Hewlett v. . WoodNew York Court of Appeals · 1875
- Merrill v. RolstonNew York Surrogate's Court · 1881
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