Thompson v. Quimby
New York Surrogate's Court
The following is a copy of the will propounded. “I, Abraham G-. Thompson, of the city of Mew-York, merchant, knowing the uncertainty of human life, and that it is allotted unto all men to die, and being desirous of disposing of my worldly estate, do make, publish, and declare this to be my last will and testament—hereby revoking and declaring null and void, all and every will or wills by me previously made.
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The following is a copy of the will propounded. “I, Abraham G-. Thompson, of the city of Mew-York, merchant, knowing the uncertainty of human life, and that it is allotted unto all men to die, and being desirous of disposing of my worldly estate, do make, publish, and declare this to be my last will and testament—hereby revoking and declaring null and void, all and every will or wills by me previously made. “ First, I direct my executors, hereinafter named, to pay all my debts owing at the time of my decease, and which at the present time are few and inconsiderable; and I desire that my body…
1Opinion of the Court
The Subeogate.
The probate of the will of the decedent is contested on the grounds of invalid execution, insufficient testamentary capacity, and undue influence.
I. By a clause in the will, the following provision is made: “ All such household furniture, jewelry, chemical and other apparatus, which is specified or enumerated in a certain schedule accompanying-this my will and which is signed by me, I give and dispose of to the respective parties named in said schedule, and in the proportion as therein designated.”
The statute requires the will to be signed by the testator, and attested by the…
2Cases cited2 opinions
- Stewart's v. LispenardNew York Supreme Court · 1841
- Blanchard v. NestleNew York Supreme Court · 1846
3Cited by9 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- In re the Probate of the Last Will & Testament of AcresNew York Surrogate's Court · 1926
- Merrill v. RolstonNew York Surrogate's Court · 1881
4 more not listed; retrieve them via the Exa API.