In re Patterson
New York Supreme Court
—Before Justices Harris, Watson, and Parker. This was an appeal from an order of Mr. Justice Watson denying a motion to set aside an ex parte order allowed by him at chambers, suspending an inquisition of habitual drunkenness, &c., against Robert Patterson, so far as to permit Mm to make a will.
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—Before Justices Harris, Watson, and Parker. This was an appeal from an order of Mr. Justice Watson denying a motion to set aside an ex parte order allowed by him at chambers, suspending an inquisition of habitual drunkenness, &c., against Robert Patterson, so far as to permit Mm to make a will. On the 17tb of December, 1847, Patterson was found to be incapable of managing his affairs in consequence of habitual drunkenness, and a committee was appointed on the 6th Jannary following. The order permitting Mm to make a will was made on the 26th April, 1848, on a personal examination of…
1Opinion of the Court
By the Court. Parker, Justice.
The first question to be determin ed is whether Patterson could make a valid will, during the existence of the commission, without permission of the court.
In White v. Palmer, 4 Mass. R. 147, it was intimated by Parsons, chief justice, that a letter of guardianship of a person adjudged to be non compos so long as it remained unrevoked was conclusive evidence of his insanity; but upon that point, the court declined to give any opinion, and the cause was decided on the ground that the letter of guardianship was prima facie evidence that the ward was not of sound…
2Cases cited4 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- White v. PalmerMassachusetts Supreme Judicial Court · 1808
- In re BurrNew York Court of Chancery · 1847
3Cited by2 opinions
- Lewis v. JonesNew York Supreme Court · 1868
- Schoenberg & Co. v. UlmanNew York City Court · 1906