Legal Opinion

Clapp v. . Fullerton

New York Court of Appeals

Decided January 5, 1866PublishedCited by 131 opinions

Appeal from a judgment of the Supreme Court in the fourth district, affirming a decision of the surrogate of the county of Washington, admitting to prohate the last will of Oliver Selfridge, deceased. The testator died in his seventy-seventh year, at Argyle, in the county of Washington. He left a small property, amounting to some $1,800 or $2,000. The contest is between, his daughters, Mrs. Fullerton and Mrs. Clapp, who are his only children and sole legatees.

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Appeal from a judgment of the Supreme Court in the fourth district, affirming a decision of the surrogate of the county of Washington, admitting to prohate the last will of Oliver Selfridge, deceased. The testator died in his seventy-seventh year, at Argyle, in the county of Washington. He left a small property, amounting to some $1,800 or $2,000. The contest is between, his daughters, Mrs. Fullerton and Mrs. Clapp, who are his only children and sole legatees. He made the will, in question, on the 10th of December, 1861, giving all his property to Mrs. Clapp except a legacy of $100 to Mrs.…

1Opinion of the CourtPorter, J.

The surrogate seems to have assumed that non-professional witnesses, who did not attest the execution of the will, were competent to express an opinion on the general question of testamentary capacity. When a layman is examined as to facts, within his own knowledge and observation, tending to show the soundness or unsoundness of the testator’s mind, he may characterize, as rational or irrational, the acts and declarations to which he testifies. It is legitimate to give them such additional weight as may be derived from the conviction they produced at the time. The party calling him may…

2Cases cited2 opinions

  1. De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
  2. Schenck v. . DartNew York Court of Appeals · 1860

3Cited by131 opinions

  1. Brown v. MitchellTexas Supreme Court · 1895
  2. Holcomb v. . HolcombNew York Court of Appeals · 1884
  3. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  4. Taylor v. McClintockSupreme Court of Arkansas · 1908
  5. State v. PikeSupreme Court of New Hampshire · 1870

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