Wadsworth v. Hinchcliff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Zouve J. Wadsworth and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Oneida on the 15th day of January, 1914, upon a dismissal of the complaint by direction of the court at the close of plaintiffs’ case, upon a trial before the court and a jury and the Oneida Trial Term.
1Opinion of the Court
Kruse, P. J.:
The action is by certain heirs at law of Frank G-. Wadsworth, late of the city of Utica, deceased, for the partition of real estate situate in that city, and incidentally to set aside his will, in which the defendant E. Elizabeth Hinchcliff is named the residuary legatee and devisee; and also a deed made by him to her, purporting to convey the premises which are the subject of this action. The will is dated December 30, 1912, and" the deed March 22, 1913.
It is contended by the plaintiffs, and so alleged in their complaint, that the deceased was not of sound mind, or mentally…
2Cases cited1 opinion
- In re Proving the Last Will & Testament of FischerAppellate Division of the Supreme Court of the State of New York · 1912