In Re Proving the Will of Coleman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, made June 29, 1885, affirming a decree of the surrogate of Washington county. The nature of the action and the facts, so far as material, are set forth in the opinion. The testator was not, at the time the will was executed, of sufficiently sound mind and memory to render it valid.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, made June 29, 1885, affirming a decree of the surrogate of Washington county. The nature of the action and the facts, so far as material, are set forth in the opinion. The testator was not, at the time the will was executed, of sufficiently sound mind and memory to render it valid. (Clark v. Clark, 1 Paige, 171; Delafield v. Parish, 25 N. Y. 25-105; Forman v. Smith, 7 Lans. 443; Dumond v. Kiff, Id. 465, 467; Van Guysling v. Van Kuren, 35 N. Y. 70; Kinne v, Johnson, 60 Barb. 69.) The testimony of…
1Opinion of the Court
Ruger, Ch. J.
The probate of the will of William Coleman, deceased, was contested before the surrogate by his widow and several of his children and grandchildren, upon the ground that he was not of sound mind and memory at the time of its execution, and its execution was procured through undue influence, fraud and intimidation exercised over him by Bobert S. Coleman. The will was admitted to probate, and the decree was affirmed upon appeal by the General Term.
It is urged, upon this appeal, that the evidence produced before the surrogate by the contestants, as to the mental and physical…
2Cases cited4 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- In Re the Application for the Probate of the Last Will of RossNew York Court of Appeals · 1882
3Cited by73 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Denning v. ButcherSupreme Court of Iowa · 1894
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Rosseau v. . BleauNew York Court of Appeals · 1892
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
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