Legal Opinion

Coffin v. . Coffin

New York Court of Appeals

Decided March 5, 1861PublishedCited by 59 opinions

1Opinion of the Court

The objection that the testator was incompetent to make a will, being wholly unsustained by the proof, was abandoned on the argument in this court. It was urged, however, that the execution of the instrument was procured by fraud and undue influence, and this point will be first examined. It appears that the testator, although an aged man, and doubtless somewhat enfeebled in his faculties, lived nearly three years after the will was made, and attended to such affairs as he had to transact. At the date of the will, he was in the enjoyment of his usual health. The transaction was kept a secret…

2Cases cited3 opinions

  1. Remsen v. BrinckerhoffNew York Supreme Court · 1841
  2. Brinckerhoof v. RemsenNew York Court of Chancery · 1840
  3. Rieben v. HicksNew York Surrogate's Court · 1855

3Cited by59 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. Bancroft v. OtisSupreme Court of Alabama · 1890
  3. Ginter v. GinterSupreme Court of Kansas · 1909
  4. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  5. Stormon v. WeissNorth Dakota Supreme Court · 1954

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