Fagan v. Dugan
New York Surrogate's Court
This was a proceeding for the probate of the last will and testament of Bridget 'Dugan, deceased. The will in a question bore date the 27th day of August, 1>75, and the testatrix died on the 18th day of January, 1876. The will gave and bequeathed to her son, Bernard Dugan, the lease of Ho. 183 Ludlow street, New York and the building thereon, with all her personal property, to discharge her indebtedness to her said son, and appointed him sole executor.
Read the full summary
This was a proceeding for the probate of the last will and testament of Bridget 'Dugan, deceased. The will in a question bore date the 27th day of August, 1>75, and the testatrix died on the 18th day of January, 1876. The will gave and bequeathed to her son, Bernard Dugan, the lease of Ho. 183 Ludlow street, New York and the building thereon, with all her personal property, to discharge her indebtedness to her said son, and appointed him sole executor. The deceased left two daughters, and three children of a deceased son, beside the son named as executor, in the. will. Hannah Fagan, one of…
1Opinion of the Court
The Surrogate.
A careful examination of the testimony of the subscribing witnesses to the will leaves no doubt upon my mind, as to the due execution of the will in question, unless it was procured by undue influence, or coercion. That question presents the only embarrassment involved in this contest; and for the purpose of its consideration, I deem it proper to state somewhat fully the facts testified to by the respective witnesses upon that subject.
Margaret Fagan, a daughter of the contestant, testi*343fled, that she was in the habit of visiting her grandmother frequently, and lived with her for…
2Cases cited4 opinions
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Seguine v. SeguineNew York Court of Appeals · 1867
- Lake v. RanneyNew York Supreme Court · 1860
- Marvin v. MarvinNew York Court of Appeals · 1868
3Cited by4 opinions
- Mairs v. FreemanNew York Surrogate's Court · 1877
- Van Kleeck v. PhippsNew York Surrogate's Court · 1879
- Marx v. McGlynnNew York Surrogate's Court · 1880
- McCoy v. McCoyNew York Surrogate's Court · 1879