Matter of Will of O'Hara
New York Court of Appeals
These are appeals, in the matter first entitled, from a judgment of the General Term of the Supreme Court, entered upon an order made December 17, 1882, which affirmed a decree of the surrogate of the county of Kings, admitting to probate the will of Mary O’Hara, deceased; in the action second entitled the appeal is from a judgment of said General Term, entered upon an order made June 1, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the…
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These are appeals, in the matter first entitled, from a judgment of the General Term of the Supreme Court, entered upon an order made December 17, 1882, which affirmed a decree of the surrogate of the county of Kings, admitting to probate the will of Mary O’Hara, deceased; in the action second entitled the appeal is from a judgment of said General Term, entered upon an order made June 1, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of said action and the material facts are stated in the opinion. The language…
1Opinion of the CourtFinch, J.
The testatrix gave to three persons, who were her lawyer, her doctor and her priest, absolutely, but as joint tenants, the bulk of her estate. Practically she disinherited her relatives in favor of strangers, who had no claim upon her bounty except such as originated in their professional characters, and the confidence and friendship thus engendered. For this reason probate of the will was resisted. While the testatrix was shown to have been superstitious, whimsical, blindly devoted to her church and its ecclesiastics, habitually under the influence of stimulants, and seriously dependent upon…
2Cases cited7 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Williams v. . FitchNew York Court of Appeals · 1859
- Power v. . CassidyNew York Court of Appeals · 1880
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Dowd v. TuckerSupreme Court of Connecticut · 1874
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3Cited by115 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Seaver v. . RansomNew York Court of Appeals · 1918
- Latham v. Father DivineNew York Court of Appeals · 1949
- Baker v. SyfrittSupreme Court of Iowa · 1910
110 more not listed; retrieve them via the Exa API.