Legal Opinion

Pettit v. Pettit

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

Decided March 8, 1912No. 1PublishedCited by 11 opinions

Appeal by the defendants, Alice B. Pettit and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of February, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1th day of March, 1911, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

Action under section 2653a of the Code of Civil Procedure to revoke the probate of a will upon the grounds (1) that it was not duly executed; (2) that the testator did not have testamentary capacity, and (3) that the execution was procured by undue influence.

The testator, seventy-six years of age, died on the 11th of March, 1910. By his will he gave to his wife, the defendant Alice B. Pettit, stepmother of the plaintiff, ah apartment house in the city of New York in which he had an equity of a little over $10,000; personal property of small value; and a cemetery plot; to the…

2Cases cited10 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Delafield v. . ParishNew York Court of Appeals · 1862
  3. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  4. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
  5. Ivison v. IvisonAppellate Division of the Supreme Court of the State of New York · 1903

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re the Estate of WebbNew York Surrogate's Court · 1923
  2. In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
  3. Strasberg v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1952
  4. In re the Estate of HollenbeckNew York Surrogate's Court · 1969
  5. Deibel v. WilsonOhio Court of Appeals · 1957

6 more not listed; retrieve them via the Exa API.

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