Clarke v. . Sawyer
New York Court of Appeals
Appeal from ihe late court of chancery, where the bill was filed in the year 1828, by James B. Clarke and Eleanor his wife, Peter Clarke and Maria his wife, for the purpose of annulling the will of the late John Fisher, deceased, of the village oí Brooklyn. The said Eleanor and Maria were the heirs at law of the decedent, and the defendants to the bill, or some of them, were devisees of the real estate whereof he died seized.
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Appeal from ihe late court of chancery, where the bill was filed in the year 1828, by James B. Clarke and Eleanor his wife, Peter Clarke and Maria his wife, for the purpose of annulling the will of the late John Fisher, deceased, of the village oí Brooklyn. The said Eleanor and Maria were the heirs at law of the decedent, and the defendants to the bill, or some of them, were devisees of the real estate whereof he died seized. The same will was declared void by the chancellor as a will of personal estate, on appeal from the surrogate of the county of Kings, who had admitted it to probate. The…
1Opinion of the CourtSiiankland, J.
The bill in this cause is filed by the nieces of John Fisher, deceased, and their husbands, to set aside his pretended will, on the ground that at the time of its formal execution, he was not of sound mind, and also upon the ground that if he was of sufficient capacity to make a will, yet that he was induced to make the one in question by fraud and undue influence, exercised over him by his last wife, who is one of the defendants in the cause.
Regarding as I do, the cases of Stewart’s executor v. Lispenard, (26 Wend. 255,) and Blanchard v. Nestle, (3 Denio, 37,) as fixing the standard of…
2Cases cited3 opinions
- Stewart's v. LispenardNew York Supreme Court · 1841
- Blanchard v. NestleNew York Supreme Court · 1846
- Colton v. RossNew York Court of Chancery · 1831
3Cited by4 opinions
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Powell v. . WaldronNew York Court of Appeals · 1882
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Monarque v. MonarqueNew York Supreme Court · 1879