In re Campbell's Will
New York Surrogate's Court
In the matter of the probate of a paper propounded as the last will and testament of Maria L. Campbell, deceased.
1Opinion of the Court
FOWLER, S.
The issues in this cause, introduced with much solemnity by reason of -the greatness of the estate; present no real difiL culty .either of law or of fact. They are those very' common in" this court: Want of testamentary'capacity of the testatrix and undue influence exerted over her by or in the interest of the beneficiaries of the will. The want of testamentary capacity here claimed is, however, of a subtle kind, and on the final argument it was not much pressed (for I *1091asked that question), except in conjunction with the charge of undue influence. The undue influence relied on by…
2Cases cited55 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Clapp v. . FullertonNew York Court of Appeals · 1866
50 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Page v. PhelpsSupreme Court of Connecticut · 1928
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- In re the Probate of the Alleged Last Will & Testament of HendersonAppellate Division of the Supreme Court of the State of New York · 1937
- In re Gedney's WildNew York Surrogate's Court · 1913
11 more not listed; retrieve them via the Exa API.