La Bau v. Vanderbilt
New York Surrogate's Court
The will of Cornelius Vanderbilt, dated January 9th, 1875, and a codicil thereto, dated June 10th, 1875, were duly admitted to probate, and letters testamentary issued thereon, on the 13th day of March, 1877. On the 23d day of May, 1877, Mary A. La Ban, a daughter of the decedent, filed allegations against the validity of the will under the statute, by way of contest, and stated as reasons why the said probate should be revoked, that the said will and codicil were not…
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The will of Cornelius Vanderbilt, dated January 9th, 1875, and a codicil thereto, dated June 10th, 1875, were duly admitted to probate, and letters testamentary issued thereon, on the 13th day of March, 1877. On the 23d day of May, 1877, Mary A. La Ban, a daughter of the decedent, filed allegations against the validity of the will under the statute, by way of contest, and stated as reasons why the said probate should be revoked, that the said will and codicil were not executed according to the statute; that the decedent was not of sound mind and memory, or capable of making the same, and that…
1Opinion of the Court
The Surrogate.
The first question is as to striking out testimony respecting clairvoyant belief.
In Gass v. Gass (3 Humph., 278), it was held that no belief as to future rewards and punishments, or the principles of justice upon which they are to be administered, or other religious creed, can be regarded as evidence of insanity, since there is no test by which their truth can be ascertained, so as to determine whether they are delusions or not, and if so, whether they will yield to reason or not. In Woodbury v. Obear (7 Gray, 467), it was held that evidence tending to show that the testator was…
2Cases cited40 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Cudney v. . CudneyNew York Court of Appeals · 1877
35 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906
- In re the Will of HalbertNew York Surrogate's Court · 1895
- In re the Will of SeagristNew York Surrogate's Court · 1895
- Potter v. McAlpineNew York Surrogate's Court · 1885
12 more not listed; retrieve them via the Exa API.