In re McCarthy's Will
New York Supreme Court
Appeal from, surrogate’s court, Ontario county. Special proceeding for the probate of the last will and testament of John McCarthy who died on the 16th day of December, 1888; the instrument propounded as his last will and testament being dated on the 22d day of November, 1888. The will disposed of all the estate of the testator, which consisted of real and personal property. He left, him surviving, his widow, and one daughter; the latter his only heir at law.
Read the full summary
Appeal from, surrogate’s court, Ontario county. Special proceeding for the probate of the last will and testament of John McCarthy who died on the 16th day of December, 1888; the instrument propounded as his last will and testament being dated on the 22d day of November, 1888. The will disposed of all the estate of the testator, which consisted of real and personal property. He left, him surviving, his widow, and one daughter; the latter his only heir at law. At the time of his death he was 84 years old. He bequeathed all his personal property to his widow, and devised his real estate to her…
1Opinion of the CourtBarker, P. J.
The subscribing witnesses were Patrick Muicahy and Patrick H, Muicahy, father and son, who were both called and examined as witnesses on the hearing, and their evidence proved the formal execution of the will in compliance with all the requirements of the statute. One of them, Patrick H., was asked by the counsel for the proponents, this question." “ What can you say as to the capacity of McCarthy to make a will?” Which the witness answered by saying: “I couldn’t say.” He was then asked: “What can you say as to whether he was of sound mind or not?” To this he answered: “I don’t know. I don’t…
2Cases cited5 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Britton v. . LorenzNew York Court of Appeals · 1871
- In re the Probate of Two Papers Propounded as the Last Will & Testament of FormanNew York Supreme Court · 1869
- Hewlett v. . WoodNew York Court of Appeals · 1873
3Cited by15 opinions
- Baumann v. . SteingesterNew York Court of Appeals · 1915
- Springer v. ByramIndiana Supreme Court · 1894
- People v. O'BrienCalifornia Court of Appeal · 1932
- State v. PalmerSupreme Court of Missouri · 1901
- Masons Union Life Insurance v. BrockmanIndiana Court of Appeals · 1901
10 more not listed; retrieve them via the Exa API.