In Re the Application for the Probate of the Last Will of Ross
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed the decree of the surrogate of the county of Kings, admitting to probate the will of George Boss, deceased. The material facts are stated in the opinion. Mon-professional witnesses cannot be permitted to express their opinions whether a testator was of sound mind or not.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed the decree of the surrogate of the county of Kings, admitting to probate the will of George Boss, deceased. The material facts are stated in the opinion. Mon-professional witnesses cannot be permitted to express their opinions whether a testator was of sound mind or not. (Clapp v. Fullerton, 34 N. Y. 190; Hewlett v. Wood, 55 id. 634; Howell v. Taylor, 11 Hun, 214 ; De Witt v. Barley, 9 N. Y. 371; 17 id. 340; O'Brien v. People, 36 id.…
1Opinion of the CourtEarl, J.
The will of George Ross, deceased, was presented to the surrogate of Kings county for probate. Objections to the probate were filed alleging that the testator was mentally incompetent to make the will and that he was unduly influenced. The surrogate heard the proofs given by the parties bearing upon both objections and admitted the will to probate. The evidence as to the mental capacity of the testator and the undue influence was very conflicting. The decree of the surrogate was subject to review upon appeal to the Supreme' Court upon both questions of fact and of law; but the decree having…
2Cases cited2 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Deas v. ThorneNew York Supreme Court · 1808
3Cited by22 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- The People v. . HoveyNew York Court of Appeals · 1883
- Jasper v. HazenNorth Dakota Supreme Court · 1894
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