Philips v. Philips
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Ralph Philips, from a judgment of the Supreme Court in favor of the defendant, Martha B. Philips, individually and as executrix, etc., of F. Stanhope Philips, deceased, entered in the office of the clerk of the county of New York on the 24th day of December, 1901, upon the verdict of a jury rendered by direction of the court sustaining the probate of the will,of F. Stanhope Philips, deceased.
1Opinion of the Court
O’Beien, J.:
The action was brought to determine the validity of the will of plaintiff’s brother, F. Stanhope Philips, who died January 12,1901. The will was dated September 24, 1900, and was admitted to probate on April 8, 1901. It gives to his wife, the .defendant Martha B. Philips, all his estate, real and personal, and appoints her his sole executrix. The questions for our determination are whether or not, upon the evidence given at the trial, the plaintiff had the right to go to the jury on the subjects of testamentary capacity, undue influence and proper execution of the will.
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2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Buchanan v. BelseyAppellate Division of the Supreme Court of the State of New York · 1901
- Griswold v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
- Hagan v. SoneAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by14 opinions
- In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
- In re Proving the Last Will & Testament of StrongNew York Supreme Court · 1916
- In re the Probate of the Last Will & Testament of BurnhamNew York Surrogate's Court · 1921
- New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908
- In re Proving the Instrument Propounded for Probate as & for the Last Will & Testament of TifftNew York Surrogate's Court · 1907
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