Mowatt v. Carow
New York Court of Chancery
Tins was an appeal from a decree of the vice chancellor of the first circuit dismissing the complainant’s bill; the object of which bill was to obtain a share of the estate of John Mowatt the elder, the complainant’s great-grandfather. John Mowatt the elder made his will in August, 181G, he being then at the advanced age of seventy-six. And he continued to live till March, 1829, when he died, without having revoked or altered his will.
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Tins was an appeal from a decree of the vice chancellor of the first circuit dismissing the complainant’s bill; the object of which bill was to obtain a share of the estate of John Mowatt the elder, the complainant’s great-grandfather. John Mowatt the elder made his will in August, 181G, he being then at the advanced age of seventy-six. And he continued to live till March, 1829, when he died, without having revoked or altered his will. The testator had three children, Alexander, John and Elizabeth; the first of whom was dead at the time of making the will, but had left two children, Elias and…
1Opinion of the Court
The Chancellor.
There can be very little doubt in this case, what was the general intention of the testator, as apparent from the will itself. The testator drew his own will, as appears by an endorsement thereon in his hand writing ; from w hich endorsement it also appears that the will was written by him the year before its execution. And if no events had occurred but those which probably were in the contemplation of the testator at that time, I presume this controversy would never have arisen. One of his sons was already dead, having left two children then in their infancy ; and as the…
2Cited by52 opinions
- Palmer v. . HornNew York Court of Appeals · 1881
- Arnold v. AldenIllinois Supreme Court · 1898
- Van Beuren v. . DashNew York Court of Appeals · 1864
- Lytle v. . BeveridgeNew York Court of Appeals · 1874
- McGinnis v. FosterSupreme Court of Georgia · 1848
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