In re the Will of Card
New York Supreme Court
Appeal from the decree of the surrogate of Rensselaer county, admitting to probate an instrument purporting to be the last will and testament of John Card, deceased. The formal execution of the instrument was duly proved, but its probate was contested by the appellant upon the ground of the alleged want of testamentary dapacity of the testator.
1Opinion of the CourtLandon, J.
We are satisfied that the testator had sufficient testamentary capacity. He was not insane. He was not suspected to be insane by the members of his family or by anyone else during his lifetime. He committed suicide, leaving a will which disappointed the expectations of the contestant. He had had occasional epileptic attacks. He was eighty-one years of age at the time of his death, had, with the exception of the last three years of his life, been an active, industrious, economical and cheerful man.
He was a farmer. His wife died five years before him. Two years later he sold his farm and went…
2Cases cited14 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- People v. . McElvaineNew York Court of Appeals · 1890
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