McGown v. Underhill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas Hughes and others, from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Westchester on the 14th day of October, 1905, upon the verdict of a jury setting aside the probate of a paper purporting to be the last will of John H. Underhill, deceased, and also from an order entered in said clerk’s office on the 4th day of November, 1905, denying the said defendants’ motion for a new…
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Appeal by the defendants, Thomas Hughes and others, from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Westchester on the 14th day of October, 1905, upon the verdict of a jury setting aside the probate of a paper purporting to be the last will of John H. Underhill, deceased, and also from an order entered in said clerk’s office on the 4th day of November, 1905, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This action is brought under the provisions of section 2653a of the Code of Civil Procedure to have the last will and testament of the late John Henry Underhill declared null and void, the defects urged being lack of testamentary Capacity on the part .of the deceased and undue influence. Upon the trial of the issues the court took this latter question from' the jury, and the only question submitted was in reference to the testamentary capacity of the deceased, the jury finding in favor of the plaintiff. Appeal comes to this court.
■The will bears date of December 13, 1904, the…
2Cases cited3 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Horn v. . PullmanNew York Court of Appeals · 1878
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
3Cited by3 opinions
- Barnes v. WatermanNew York Supreme Court · 1907
- In re Proving a Paper Writing Purporting to be the Last Will & Testament of HolmbergNew York Surrogate's Court · 1913
- Neff v. Neff, Pennsylvania Court of Common Pleas, Dauphin County1926