Dobie v. . Armstrong
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the. Supreme Court in the fourth judicial department, entered June 7, 1898, affirming a judgment entered in Clinton county in favor of plaintiffs, upon a verdict directed by the court. The appeal below was transferred from the third. to the fourth department by reason of the disqualification of two justices of the third department. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the. Supreme Court in the fourth judicial department, entered June 7, 1898, affirming a judgment entered in Clinton county in favor of plaintiffs, upon a verdict directed by the court. The appeal below was transferred from the third. to the fourth department by reason of the disqualification of two justices of the third department. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence in the case shows that the testator was of unsound mind, suffering from delusions in regard to his son, his…
1Opinion of the CourtGray, J.
The plaintiffs, who are executors of, and, also, legatees and devisees under, the will of Thomas Armstrong, deceased, brought this action to establish the validity of the testamentary probate. The testator died in December, 1895, and his will was probated in the Surrogate’s Court of Clinton county, in May, 1896. In the present action Emmett Armstrong, the only child and son of the deceased, and Harriet Armstrong, a divorced wife, were made defendants. The latter disclaimed all interest in the testator’s personal estate and, upon the tidal, the judgment divorcing her from the deceased was…
2Cases cited3 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Horn v. . PullmanNew York Court of Appeals · 1878
- In Re the Probate of the Will of WhiteNew York Court of Appeals · 1890
3Cited by80 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In Re Proving the Will of HeatonNew York Court of Appeals · 1918
- Hagan v. . SoneNew York Court of Appeals · 1903
- Roche v. . NasonNew York Court of Appeals · 1906
- In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
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