Blanchard v. Nestle
New York Supreme Court
Ejectment for an undivided half of a house and lot in Albany, tried at the Albany circuit in April, 1844, before Parker, C. Judge. M. Gill was seized of the premises at the time o his death, which took place on the 10th day of February, 1841. By his last will and testament executed four days before his death, he devised the premises in fee to his daughter Caroline Nestle, the wife of the defendant.
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Ejectment for an undivided half of a house and lot in Albany, tried at the Albany circuit in April, 1844, before Parker, C. Judge. M. Gill was seized of the premises at the time o his death, which took place on the 10th day of February, 1841. By his last will and testament executed four days before his death, he devised the premises in fee to his daughter Caroline Nestle, the wife of the defendant. The plaintiffs are the children of Elizabeth Blanchard, a daughter of the testator whom he survived, and are his only other descendants, and claimed to recover as his heirs at law. The only…
1Opinion of the Court
By the Court, Jewett, J.
The statutory provisions respecting the capacity to make a last will and testament are ' as follows : “All persons, except idiots, persons of unsound mind, married women and infants, may devise their real estate by their last will and testament duly executed.” (2 R. S. 56 § 1.) “ Every male person of the age of eighteen years or upwards, and every female (not being a married woman) of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate by will in writing.” (2 id. 60, § 21.)
The remark of the…
2Cases cited2 opinions
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Miller v. MillerSupreme Court of Pennsylvania · 1817
3Cited by41 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- State v. PikeSupreme Court of New Hampshire · 1870
- Clark v. FisherNew York Court of Chancery · 1828
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Arthur v. ArthurNew York Supreme Court · 1850
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