M'Guire v. Kerr
New York Surrogate's Court
I. The execution of this will took place not earlier than three o’clock of the afternoon of the third clay before her death. II.
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I. The execution of this will took place not earlier than three o’clock of the afternoon of the third clay before her death. II. As the decedent was then advanced in years, weak, in the last stages of a violent typhus fever, generally in a state of stupor, insensible to occurrences around her, occasionally delirious with incoherent mutterings, and only capable of answering a question on being roused, “ her capacity was not so alive as to prevent her executing am, instrument of the contents of which she was not awa/reP (Billinghurst vs. Vickers, 1 Phil., 193; Harwood vs. Baker, 3 Mo. Pr. C.…
1Opinion of the Court
The Surrogate.
The deceased was a widow, and her only next of kin is a daughter residing in the State of Maryland. The will and codicil passed to probate upon constructive service of the citation by advertisement pursuant to the statute. Within a year after the probate, the daughter filed allegations against the validity of the will, and the competency of the proof thereof; and I have now to decide upon the sufficiency of the proof. There are several grounds of objection.
I. Want of testamentary capacity.
The deceased was attacked with typhus fever, and was removed from her residence to St.…
2Cited by19 opinions
- Albright v. NorthCalifornia Supreme Court · 1905
- Younger v. . DuffieNew York Court of Appeals · 1884
- Estate of ChaseCalifornia Court of Appeal · 1942
- Brady v. McCrossonNew York Surrogate's Court · 1881
- In re Proving the Last Will & Testament of Van TuylNew York Surrogate's Court · 1917
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