Merrill v. Rolston
New York Surrogate's Court
Application for the probate of a will and codicil. The paper propounded as the will was dated May 2, 1871, witnessed by Cyrus W. Field and Benjamin Cartwright.
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Application for the probate of a will and codicil. The paper propounded as the will was dated May 2, 1871, witnessed by Cyrus W. Field and Benjamin Cartwright. After providing for the payment of debts and funeral expenses, it gave to New York Hospital $50,000 ; to the Sisters of Charity of St. Vincent de Paul, $5,000 ; to the Portsmouth Atheneum, N. H., $2,000; to Cardinal McCloskey, $50,000 ; and in case of his death to his successor, or in case of vacancy to.the Ordinary; to decedent’s niece, Caroline S. Del gardo, $5,000, household furniture, ornaments and wearing apparel; to Doctor George…
1Opinion of the Court
The Surrogate.
[After giving an abstract of the evidence, which was very voluminous.]—The. questions to be determined from the evidence are :
First, whether the decedent, when she executed the will and codicil propounded, was of sound and disposing mind, or of such impaired intellect as to render them void under our statute.
Second, whether the decedent, being of sound and disposing mind, was unduly influenced in the execution of said will and codicil, or either.
Third, whether, if mentally sound in other respects, she was laboring under an insane delusion, or was a monomaniac as to the relations…
2Cases cited31 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Cudney v. . CudneyNew York Court of Appeals · 1877
26 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of SelbCalifornia Court of Appeal · 1948
- In re the Probate of a Paper Purporting to be the Last Will & Testament of SparksNew Jersey Superior Court Appellate Division · 1901
- Alegria v. AlegriaCalifornia Court of Appeal · 1948
- In re the Probate of the Last Will & Testament of NicholasAppellate Division of the Supreme Court of the State of New York · 1926
- Potter v. McAlpineNew York Surrogate's Court · 1885
5 more not listed; retrieve them via the Exa API.