Moritz v. Moritz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna V. Moritz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of June, 1911, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J. :
This is an action to set aside a deed executed by Herman H. Moritz, deceased,' to his wife, the defendant, on November 22, 1909, upon the ground that at the time of its making said Moritz was mentally incapable of executing a valid deed. From a judgment in favor of plaintiffs defendant appeals. Unlike most cases involving the imputation of insanity there is little doubt that the grantor was, when the deed was made, of unsound mind and subject to obsessions or delusions on certain subjects, the question being whether or not that unsoundness and these obsessions or delusions were…
2Cases cited5 opinions
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Aldrich v. . BaileyNew York Court of Appeals · 1892
- In Re the Probate of the Will of WhiteNew York Court of Appeals · 1890
- In re the Probate of the Last Will & Testament of LawrenceAppellate Division of the Supreme Court of the State of New York · 1900
- Hoey v. HoeyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by7 opinions
- Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
- Faber v. Sweet Style Manufacturing Corp.New York Supreme Court · 1963
- In re the Estate of ACNNew York Surrogate's Court · 1986
- Beisman v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1949
- In re the Estate of TurnerAppellate Division of the Supreme Court of the State of New York · 2008
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