Legal Opinion · Dissent

Smith v. Ryan

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1906Published

Appeal by the plaintiffs,. Mary Smith, 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 New York on the 30th day of March, 1906, upon the verdict of a .jury rendered by direction of the court after a trial at the New York Trial Term.

1Dissent

CLARKE, J. (dissenting):

The learned trial court refused to receive proof that ‘‘ on. March. 13,188.5, Michael L. Flynn was totally incompetent, having alcoholic dementia, and was iii law incompetent to make the will, * * * and' that at no time from March 11, 1885, down to the time of his death : was: he competent to make a will or to make a deed, and that at the " time" he made this deed. he was incompetent’ to make such a deed ■in" law,” and directed a verdict for-the defendants upon the ground that, as "a deed by an insane person before office found is .void-•rable and not "void, the…

2Cases cited5 opinions

  1. Blinn v. . SchwarzNew York Court of Appeals · 1904
  2. Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
  3. Hall v. . La France Fire Engine Co.New York Court of Appeals · 1899
  4. Blinn v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1901
  5. Babcock v. ClarkAppellate Division of the Supreme Court of the State of New York · 1904

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