Legal Opinion
In re the Estate of Smith
New York Surrogate's Court
Decided December 10, 1940PublishedCited by 4 opinions
1Opinion of the Court
Dodd, J.,
Acting Surrogate. The essential issue here presented is as to whether a determination by a jury followed by a decree in a probate proceeding that a testatrix lacked testamentary capacity to make a will constitutes an estoppel in favor of a person who was not a party to the proceeding, against one who was, that the same testatrix a few moments later lacked the requisite mental capacity to revoke a prior will by canceling, tearing or obliterating.
In October, 1937, a will of this decedent which purported to have been executed on July 16, 1937, was propounded by Thomas W. Maires, Esq. A…
2Cases cited20 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Delafield v. . ParishNew York Court of Appeals · 1862
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Rudd v. . CornellNew York Court of Appeals · 1902
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3Cited by4 opinions
- In re the Estate of SmithNew York Surrogate's Court · 1940
- In re the Probate of the Will of MoranNew York Surrogate's Court · 1943
- JARVIS ET UX v. Indemnity Ins. Co.Oregon Supreme Court · 1961
- JARVIS ET UX v. Indemnity Ins. Co.Oregon Supreme Court · 1961