In re White's Will
New York Supreme Court
Appeal from surrogate’s court, Madison county. In the matter of the probate of the will of James D. White, deceased. The will is dated July 20, 1885, and gives, first, to his wife, Charlotte White, the use of one-half of his estate, both real and personal, during her natural life; then gives to his son, Samuel Delos White, $150, to be paid six months after his death; then gives to his daughter, Charlotte Alida White, the use of one-half of his estate, both real and personal,…
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Appeal from surrogate’s court, Madison county. In the matter of the probate of the will of James D. White, deceased. The will is dated July 20, 1885, and gives, first, to his wife, Charlotte White, the use of one-half of his estate, both real and personal, during her natural life; then gives to his son, Samuel Delos White, $150, to be paid six months after his death; then gives to his daughter, Charlotte Alida White, the use of one-half of his estate, both real and personal, during the life of his wife; then, after the death of his wife, he gives the residue of his estate, real and personal,…
1Opinion of the CourtMerwin, J.
It was claimed by the contestant in the court below (1) that the deceased was of unsound mind; (2) that the will was procured by undue influence; (3) that it was the product of an insane delusion writh reference to the contestant.
The first proposition as to general unsoundness is not pressed here. The evidence is of such a character that there is practically no doubt but that up to a period after the making of the will the deceased was, for general purposes at least, of sound mind, and so considered by all who dealt with him. He carried on and managed his farm, settled his accounts, and his…
2Cases cited7 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
- Coit v. . PatchenNew York Court of Appeals · 1879
- Snyder v. . ShermanNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Folts' WillNew York Supreme Court · 1893
- In re GiauqueNew York Surrogate's Court · 1914
- In re for Probate of the Will of McGrawAppellate Division of the Supreme Court of the State of New York · 1896