Legal Opinion

Coit v. . Patchen

New York Court of Appeals

Decided September 16, 1879PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of the county of Kings admitting to probate the will of Emily Coit. The deceased was the wife of William A. Coit; they were married in 1827 ; she died in June, 1875, at the age of sixty-seven years, leaving him and eight children her surviv. ing. Her will was executed August 1, 1874 ; she left about $150,000 in real estate.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of the county of Kings admitting to probate the will of Emily Coit. The deceased was the wife of William A. Coit; they were married in 1827 ; she died in June, 1875, at the age of sixty-seven years, leaving him and eight children her surviv. ing. Her will was executed August 1, 1874 ; she left about $150,000 in real estate. The nucleus of this property originally came from her husband, it being conveyed to her in settlement of a suit she had brought against him…

1Opinion of the CourtMiller, J.

The controversy in regard to the validity of the Avill in question upon this appeal embraces two objections. The first relates to the incompetency of the testatrix, by reason of delusions in reference to her husband and some of her children, Avhich created a Avrong impression upon her mind and induced her to make a discrimination against them in the disposition of her estate. The second has reference to alleged undue influence and fraud exercised over the mind of the testatrix by her daughter, Mrs. Grey, Avho, it is claimed, was the chosen object of her preference and her bounty in her last…

2Cases cited6 opinions

  1. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  2. Gardiner v. GardinerNew York Court of Appeals · 1865
  3. Brick v. . BrickNew York Court of Appeals · 1876
  4. Seguine v. SeguineNew York Court of Appeals · 1867
  5. Kinne v. JohnsonNew York Supreme Court · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Wohlford v. WohlfordCourt of Appeals of Virginia · 1917
  2. In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
  3. In re JonesNew York Surrogate's Court · 1893
  4. In re Probate of the Will of MurphyNew York Surrogate's Court · 1895
  5. Cornwell v. RikerNew York Surrogate's Court · 1884

15 more not listed; retrieve them via the Exa API.

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