Legal Opinion

Wood v. Bishop

New York Surrogate's Court

Decided January 15, 1883Published

Petition, by Lemuel P. Bishop and another, for the probate of decedent’s will; opposed by Joel Wood, named as executor in an alleged prior will, and others. The facts appear sufficiently in the opinion.'

1Opinion of the Court

The Surrogate.

For a year or two previous to his death, testator was afflicted with epileptic fits occurring at infrequent intervals, and it is claimed on the part of contestants that these fits had so enfeebled him as to render him incapable of executing a will; and, second, that the will was the result of undue influence exerted by or at the instigation of the principal beneficiaries named in the will.

Testator had always' been a hard working, economical farmer, of ordinary acquirements, and had managed to accumulate a small property, not exceeding in value three thousand dollars. He had lost…

2Cases cited11 opinions

  1. Marx v. . McGlynnNew York Court of Appeals · 1882
  2. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  3. Peck v. . CaryNew York Court of Appeals · 1863
  4. Cudney v. . CudneyNew York Court of Appeals · 1877
  5. Horn v. . PullmanNew York Court of Appeals · 1878

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