Legg v. Myer
New York Surrogate's Court
.Application, by Francis Myer, executor, etc., of decedent, for the probate of his will and codicils.thereto ; opposed by Rachel J. Legg, his daughter. A will and two codicils were offered for probate ; the will dated February 5, 1869, the first codicil dated August 16, 1872, and the second and last codicil dated January 25, 1878. No contest was made with reference to the will and first codicil, and they were admitted to probate without objection.
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.Application, by Francis Myer, executor, etc., of decedent, for the probate of his will and codicils.thereto ; opposed by Rachel J. Legg, his daughter. A will and two codicils were offered for probate ; the will dated February 5, 1869, the first codicil dated August 16, 1872, and the second and last codicil dated January 25, 1878. No contest was made with reference to the will and first codicil, and they were admitted to probate without objection. Objection was made to the second codicil, upon the grounds that the testator did not have testamentary capacity at the time of the alleged…
1Opinion of the Court
The Surrogate.
Epraim P. Myer, an old resident of Saugerties, was, on December 15, 1877, stricken with apoplexy, resulting in paralysis. Dr. Chipman, his attending physician, testifies that, when first taken, he was unconscious, unable to move, and had no sense of touch ; his right side was paralyzed, the left side affected by the shock, but not permanently; during the first few days, there was a great improvement in mind and body. From'the evidence of all the witnesses, it appears that the deceased was never able to talk again, although one or two most familiar with him testify to the use by *630h…
2Cases cited2 opinions
- Forman v. SmithNew York Supreme Court · 1872
- Watson v. DonnellyNew York Supreme Court · 1859
3Cited by1 opinion
- Wood v. BishopNew York Surrogate's Court · 1883