Colton v. Ross
New York Court of Chancery
The bill in this cause was filed to set aside the will of Wil?iam Ross deceased. It appeared by the bill that the will disposed of both real and personal estate, and that the ex- ’ ecutor, in 1822, duly proved the will before the surrogate of New-York, and obtained letters testamentary thereon. The complainants alleged that the testator at the time of making the will was of unsound mind, and wholly incapable of making a valid will.
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The bill in this cause was filed to set aside the will of Wil?iam Ross deceased. It appeared by the bill that the will disposed of both real and personal estate, and that the ex- ’ ecutor, in 1822, duly proved the will before the surrogate of New-York, and obtained letters testamentary thereon. The complainants alleged that the testator at the time of making the will was of unsound mind, and wholly incapable of making a valid will. And they, among other things, prayed that the will might be declared void, and that they might be let in to their share of the estate; and that if it should appear…
1Opinion of the Court
The Chancellor.
There is no doubt of the right of a complainant, in certain cases, to frame his bill with a double aspect, where it is doubtful what relief he may be entitled to on the facts. In such a case the prayer for relief may be in the alternative; but the relief must always be consistent with ‘ the case made by the bill. Here the complainants claim as heirs at law and next of kin to the testator, under a positive allegation that no valid will was ever made'. That part of the prayer which is for special relief, if the court should be sat-' isfied there was a valid will, is therefore…
2Cited by40 opinions
- Hardin v. BoydSupreme Court of the United States · 1885
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
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