Van Orman v. Van Orman
New York Supreme Court
Appeal from surrogate’s court, Tompkins county. On the 9th day of September, 1887, Joseph Yan Orman, late of Ithaca, Tompkins county, being of the age of 87 years, died, leaving him surviving his widow, Maria Yan Orman, and four daughters and two sons. In October, 1887, Thomas Yan Orman, one of the sons, and a legatee named in the will, presented a petition to the surrogate of that county asking for citations to attend upon the probate of the deceased’s will.
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Appeal from surrogate’s court, Tompkins county. On the 9th day of September, 1887, Joseph Yan Orman, late of Ithaca, Tompkins county, being of the age of 87 years, died, leaving him surviving his widow, Maria Yan Orman, and four daughters and two sons. In October, 1887, Thomas Yan Orman, one of the sons, and a legatee named in the will, presented a petition to the surrogate of that county asking for citations to attend upon the probate of the deceased’s will. Upon the return-day of the citations, Jacob Yan Orman, the other son, appeared and filed allegations against the probate of the will.…
1Opinion of the CourtHardin, P. J.
In Society v. Loveridge, 70 N. Y. 387, it was said, viz.: “Although, by the will of an aged invalid, radical changes are made from previous testamentary dispositions, yet, when the testimony shows that the act was free, voluntary, and intelligent, the will will be sustained.” In Horn v. Pullman, 72 N. Y. 269, it was said, viz.: “There is no presumption against a will because made by a person of advanced age, nor can incapacity to make a will be inferred from an enfeebled condition of mind or body. If the testator has sufficient intelligence to comprehend the condition of his property, his…
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3Cited by2 opinions
- In re Pike's WillNew York Supreme Court · 1894
- In re Tompkins' WildAppellate Division of the Supreme Court of the State of New York · 1902