McCoy v. McCoy
New York Surrogate's Court
The will propounded bore date the 33d of August, 1877, and was witnessed by John H. Welsh, William E. Corey and James E. Carpenter, and after the payment of debts and funeral expenses, bequeathed $300 to John B..
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The will propounded bore date the 33d of August, 1877, and was witnessed by John H. Welsh, William E. Corey and James E. Carpenter, and after the payment of debts and funeral expenses, bequeathed $300 to John B.. McCoy, and $300 to Andrew McCoy, and $100 to Thomas McCoy, devised and bequeathed the residue of his estate to his daughter Mary Ann, and directed that no charge be made for money advanced to her, or. to the legatees above named, who were his sons, and appointed Mary Ann and John Cartres the executrix- and executor. John B. McCoy, a son, filed objections, in substance that the will…
1Opinion of the Court
Tub SmmooATE.-—There appears to be no reasonable doubt that the decedent was, at the time of the execution of the will propounded, of sound and disposing mind. Indeed, there is no evidence calculated to throw any doubt upon that question, nor any, in my opinion, which establishes any impairment of his mental faculties. The only question, therefore, left for determination, is .whether the instrument was the result of his free and .uncontrolled purpose, or the product of the will and purpose of his daughter Mary Ann, who is the principal beneficiary.
The facts upon which it is claimed that undue…
2Cases cited7 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Gardiner v. GardinerNew York Court of Appeals · 1865
- McLaughlin v. . McDevittNew York Court of Appeals · 1875
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