Clarke v. Sawyer
New York Court of Chancery
The bill in this cause was filed, in March —, 1828, by James B. Clarke and Eleanor his wife, of Brooklyn, Kings comity, and Peter Clarke and Maria his wife, of Mentz in the county of Cayuga, against Diana Fisher, (in the bill called Diana Rapelye,) Samuel A. Willoughby, Magdalena Cornelia Fisher, and Roswell Saltonstall and Catharine his wife.
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The bill in this cause was filed, in March —, 1828, by James B. Clarke and Eleanor his wife, of Brooklyn, Kings comity, and Peter Clarke and Maria his wife, of Mentz in the county of Cayuga, against Diana Fisher, (in the bill called Diana Rapelye,) Samuel A. Willoughby, Magdalena Cornelia Fisher, and Roswell Saltonstall and Catharine his wife. During the pendency of the suit, Diana Fisher- became the wife of Lemuel Sawyer, who was-thereupon brought in as a defendant; and James B. Clarke dying shortly before the hearing, the suit proceeded in favor of tho surviving complainants. The bill…
1Opinion of the Court
The Assistant Yice-Chancellor
When the will of John Fisher was before the chancellor, he decided that as a will of personal property, it was invalid, and reversed the order of the surrogate admitting it to probate. His decision was upon the ground of the imbecility of the decede nt’smind , and the undue influence to which he was subjected; at the same time avowing his opinion that either ground was sufficient to invalidate the will. (Clarke v. Fisher, 1 Paige, 171.) The question is now presented, upon its validity as a will of real estate, and it is well settled, (although it is to be hoped…
2Cases cited1 opinion
- Clark v. FisherNew York Court of Chancery · 1828
3Cited by3 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Nexsen v. NexsenNew York Court of Appeals · 1865
- Delafield v. ParishNew York Court of Appeals · 1862