Renihan v. . Dennin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, which affirmed a judgment, entered December 5,1885, upon a verdict on trial of issues touching the testamentary capacity of James Dennin, and the due execution of a paper presented for probate as his last will. (Reported below, 38 Hun, 270.) The facts sufficiently appear in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, which affirmed a judgment, entered December 5,1885, upon a verdict on trial of issues touching the testamentary capacity of James Dennin, and the due execution of a paper presented for probate as his last will. (Reported below, 38 Hun, 270.) The facts sufficiently appear in the opinion. The burden of "proof was upon the proponent as objector to show all the facts which subjected the proposed testimony to the claim of privilege. (Earl v. Grant, 46 Vt. 113; Edington v. Ætna L. Ins. Co., 77 N. Y.…
1Opinion of the CourtEarl, J.
The surrogate of Rensselaer county admitted to probate the will of James Dennin, deceased. Upon appeal to the Greneral Term the surrogate’s decree was reversed and special issues as to the competency of the testator and the due execution of the will were ordered to be tried before a jury. The trial came on and it appeared that the will was executed in the evening, a short time before the testator’s death, and that during the same evening, before the execution of the will, Dr. Bontecou was requested by the attending physician to be present at the testator’s house for consultation with him…
2Cases cited2 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
3Cited by75 opinions
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- People v. DecinaNew York Court of Appeals · 1956
70 more not listed; retrieve them via the Exa API.