Lewis v. Jones
New York Supreme Court
APPEAL from a decree of the surrogate of the county of ' Oneida, refusing to admit to probate the last will and testament of John T. Jones, deceased ; on the ground that Jonés was under charge of a committee, as an habitual drunkard, and, therefore, had no power to make a last will and testament without leave of the court. , .
1Opinion of the CourtFoster, J.
It. wás argued by the counsel for the respondent,- that the decision of the surrogate should not be reversed, because the circumstances of the case showed, as appeared by the evidence, that the will itself was an improper one, ánd unfit to be upheld.
With that question, we have nothing to do. It had no influence upon the surrogate. He did not reach it in his determination of the case. He decided it upon the sole ground, that the testator, while under the commission, could not make any valid will; however sound his mental condition ; however free he might have been from restraint, or undue…
2Cases cited7 opinions
- Stewart's v. LispenardNew York Supreme Court · 1841
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- White v. PalmerMassachusetts Supreme Judicial Court · 1808
- Wadsworth v. ShermanNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stevens v. StevensIndiana Supreme Court · 1891
- In re Proving the Last Will & Testament of CoeAppellate Division of the Supreme Court of the State of New York · 1900
- In re Proving the Last Will & Testament of BarlowAppellate Division of the Supreme Court of the State of New York · 1917
- Southern Tier Masonic Relief Ass'n v. LaudenbachNew York Supreme Court · 1889
- Martello v. CagliostroNew York Supreme Court · 1924
11 more not listed; retrieve them via the Exa API.