Seguine v. Seguine
New York Court of Appeals
James S..Seguine died at his residence, at Deep Creek, in the State of Virginia, January 11,1860, aged about fifty-five. He was horn in the county of Richmond (Staten Island), his family being an ancient one in the county, but, from early life, resided and was engaged in business till his death, in Virginia.
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James S..Seguine died at his residence, at Deep Creek, in the State of Virginia, January 11,1860, aged about fifty-five. He was horn in the county of Richmond (Staten Island), his family being an ancient one in the county, but, from early life, resided and was engaged in business till his death, in Virginia. His business was mainly lumbering on the Dismal and other southern swamps, but in connection therewith he built and owned shares, in several vessels employed in the transportation of his lumber and other freight:. He left an only son, the appellant, who was a few months old at the death…
1Opinion of the Court
By the Court.
Wright, J.
[After stating the facts above.]—The bulk of the property, it is true, is given to the testator’s brother, and it may be conceded, that the will is a will inofficious, so far as regards his son. But if the son had been wholly disinherited (which he is not, but a moderate competency given to him), not in favor of the brother, hut of parties, strangers in blood -to the deceased, it would be no ground, of itself, for avoiding the instrument. The doctrine •of inofficious testaments, invoked from the civilians, has no place in our law. A man has a light to make whatever…
2Cases cited4 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Peck v. . CaryNew York Court of Appeals · 1863
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Carroll v. NortonNew York Surrogate's Court · 1855
3Cited by8 opinions
- Merrill v. RolstonNew York Surrogate's Court · 1881
- Doheny v. LacyAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Probate of the Last Will & Testament of BrunorNew York Surrogate's Court · 1896
- In re the Probate of the Will of ReadNew York Surrogate's Court · 1896
- In re the Probate of the Last Will of WestermanNew York Surrogate's Court · 1899
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