Wyse v. . Wyse
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of blew York, entered July 15,. 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from a judgment of the General Term of the late Superior Court of the city of blew York, entered July 15,. 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. The allowance by the court of proof of sanity and general mental capacity by opinions of lay witnesses without a previous statement by them of specific language and acts of plaintiff was error, and the exceptions taken on this ground must lead…
1Per curiam
• This action was brought on the equity side of. the court for the purpose of setting aside a conveyance of real property, transfers of personal property and a release made by the plaintiff to the defendant Marie S. Wyse, his wife, upon the ground of the plaintiff’s unsoundness of mind, imbecility and incapacity to dispose of his property, and of the undue influence exerted upon him by said defendant.
The evidence upon the trial was ample, if not overwhelming, to support the decision of the judge at Special Term, to the effect that, upon the occasions of the transfers of property in question,…
2Cases cited4 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- People v. . KoernerNew York Court of Appeals · 1897
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Matter of Appl'n of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
3Cited by13 opinions
- People v. KohlmeyerNew York Court of Appeals · 1940
- In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906
- In re the Estate of GebauerNew York Surrogate's Court · 1974
- Lehr v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
- Fingerhut v. Kralyn Enterprises, Inc.New York Supreme Court · 1971
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