Voorhis v. Voorhis
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon the report of a referee. The action was brought to set aside a deed of conveyance by James Yoorhis, the father of the parties, to the plaintiff, of the farm of the grantor, consisting of 100 acres of land in the town of Eomulus, Seneca county ; and to have proved and established a will of the said James Yoorhis, which was alleged to have been destroyed in his lifetime, on the ground that the said James Yoorhis had not…
Read the full summary
APPEAL, by the defendant, from a judgment entered upon the report of a referee. The action was brought to set aside a deed of conveyance by James Yoorhis, the father of the parties, to the plaintiff, of the farm of the grantor, consisting of 100 acres of land in the town of Eomulus, Seneca county ; and to have proved and established a will of the said James Yoorhis, which was alleged to have been destroyed in his lifetime, on the ground that the said James Yoorhis had not sufficient mental capacity to make a deed, or revoke said will; and that the execution of said deed and destruction of…
1Opinion of the CourtE. Darwin Smith, J.
The proofs, I think, clearly establish the due execution and publication of the will of J ames Voorhis, deceased, and the findings of the referee on this question were fully warranted by the evidence. And the finding of the referee that the deed executed by the said James Voorhis to the defendant Geórge W. Voorhis, on or about the 2d day of December, 1861, was procured by fraud and undue influence is also warranted by the evidence. The referee finds that said will was, on or about the 1st day of May, 1862, destroyed. This, .in effect, is a finding that the will was destroyed in the lifetime…
2Cases cited5 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Schultz v. . SchultzNew York Court of Appeals · 1866
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- Rider v. . PowellNew York Court of Appeals · 1863
3Cited by8 opinions
- Kinne v. JohnsonNew York Supreme Court · 1869
- Johnson v. KrocSupreme Court of Minnesota · 1923
- In Re Kerckhof's EstateWashington Supreme Court · 1942
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
3 more not listed; retrieve them via the Exa API.