Seaman v. Seaman
New York Supreme Court
The plaintiff in this case declared that Samuel Seaman, the father of the plaintiff and of the defendants, in his lifetime made and published his last will and testament, whereby he devised and bequeathed to the defendants and others a large amount of property real and personal; that after the death of his father, and before the proving of the will, he, the plaintiff, had become and was greatly dissatisfied with its contents and provisions, and especially in regard to doubts…
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The plaintiff in this case declared that Samuel Seaman, the father of the plaintiff and of the defendants, in his lifetime made and published his last will and testament, whereby he devised and bequeathed to the defendants and others a large amount of property real and personal; that after the death of his father, and before the proving of the will, he, the plaintiff, had become and was greatly dissatisfied with its contents and provisions, and especially in regard to doubts entertained by him in relation to the sanity of the testator at the time of the execution of the will, and that he…
1Opinion of the Court
By the Court,
Nelson, J.
The only important question arising upon the demurrer in this case, is, whether a sufficient consideration appears in the declaration to sustain the as-sumpsit of the defendants. If the declaration distinctly shows that the plaintiff would have derived a benefit resulting from the avoidance of the will of his father, I think there can be no doubt he has suffered damage or detriment, though the defendants have not received a benefit sufficient to create a good consideration. He had filed a caveat with the surrogate, and was entitled thereby to contest the validity of the…
2Cited by27 opinions
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Crans v. . HunterNew York Court of Appeals · 1863
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Hartle v. StahlCourt of Appeals of Maryland · 1867
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