Cudney v. . Cudney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a decree of the surrogate of Sullivan county admitting to probate the last will and testament of Amos Cudney, deceased. The testator died in April, 1874, leaving real estate. He left a widow, a second wife, and eight children, two of them by his 'first wife, one of whom is the respondent, James W. Cudney.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a decree of the surrogate of Sullivan county admitting to probate the last will and testament of Amos Cudney, deceased. The testator died in April, 1874, leaving real estate. He left a widow, a second wife, and eight children, two of them by his 'first wife, one of whom is the respondent, James W. Cudney. By the will the testator devised the principal portion of his real estate to his son James. The appellants are the widow and her children, who contested the will on the grounds of…
1Opinion of the CourtRapallo, J.
We have examined with care, the evidence in this case, and find no sufficient ground for reversing the judgment of the Supreme Court. Due proof was made of the execution of the will, and although it appears, that for some years before his death the testator had been in feeble health, and there were occasions during his ilMess when his mind was affected, yet we think the evidence shows that at the time of the execution of the will in question he was possessed of sufficient mental capacity to make a will. The allegation of undue influence is not, in our judgment, sustained by the evidence. The…
2Cited by85 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Ginter v. GinterSupreme Court of Kansas · 1909
- Hubbard v. HubbardOregon Supreme Court · 1879
- Foster v. DearbornSupreme Court of Minnesota · 1892
- In Re the Probate of the Will of SchillingerNew York Court of Appeals · 1932
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