Pilling v. Pilling
New York Supreme Court
APPEAL from a decree of the surrogate of the county of Clinton, refusing to admit to probate an instrument purporting to be the last will and testament of James Pilling, late of the town of Ausable in that county, deceased ‘, which decree was made on the 31st day of December, 1863. The appeal was brought by Frank Pilling, a grandson of the testator, and only child of Harvey Pilling, deceased.
1Opinion of the Court
By the Court, Bockes, J.
This is an appeal from the decree of the surrogate of Clinton county, denying probate of .the will of James Pilling, deceased.
All the requisite formalities in the execution of the will were observed, and it was refused probate on the ground, solely, that the testator at the time of its publication was not of sound and disposing mind and memory and was therefore incompetent to make a last will and testament.
The instrument offered for probate was executed on the 11th January, 1862, in the presence of four persons, three of whom signed as witnesses ; and by its terms made…
2Cases cited8 opinions
- Stewart's v. LispenardNew York Supreme Court · 1841
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Schenck v. . DartNew York Court of Appeals · 1860
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Burritt v. . SillimanNew York Court of Appeals · 1855
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3Cited by2 opinions
- Johnson v. HicksNew York Supreme Court · 1869
- In re Probate of the Will of BirdsallNew York Surrogate's Court · 1890