Roche v. Nason
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Rensselaer County. Action by William J. Roche, individually and as executor of Henry T. Nason, deceased, against Paul Ford Nason and others.
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Appeal from Trial Term, Rensselaer County. Action by William J. Roche, individually and as executor of Henry T. Nason, deceased, against Paul Ford Nason and others. Certain defendants, heirs at law and next of kin of Henry T. Nason, deceased, appeal from a judgment upon the verdict of a jury, rendered by direction of the court, adjudging a certain writing, dated November 13, 1903, and a certain other writing, dated March 38, 1903, as together constituting the last will and testament of said -Henry T. Nason, deceased, and enjoining all parties to the action from bringing or maintaining any…
1Opinion of the CourtChase, J.
“All persons except idiots, persons of unsound mind and infants may devise their real estate by a last will and testament duly executed. * * *” Rev. St. pt. 2, c. 6, tit. 1, § 1, as amended by chapter 782, p. 1926, Laws 1867. “Every male person of the age of eighteen years or upwards * * * of sound mind and memory, and no others, may give and bequeath his * * * personal estate by will in writing.” Rev. St. pt. 2, c. 6, tit. 1, § 21, as amended' by chapter 782, p. 1927, Laws 1867. “Before admitting a will to probate the surrogate must inquire particularly into all the facts and circumstances…
2Cases cited11 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Delafield v. . ParishNew York Court of Appeals · 1862
- People v. . KoernerNew York Court of Appeals · 1897
- Horn v. . PullmanNew York Court of Appeals · 1878
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re Falabella's WillNew York Surrogate's Court · 1913
- Wroblewski Ex Rel. Martin v. YeagerCourt of Appeals of Kentucky (pre-1976) · 1962