Watson v. Donnelly
New York Supreme Court
ACTION of ejectment, to recover an undivided interest in certain real estate situate in the town of Rome, tried before Justice Pratt and a jury, at the Oneida circuit. The plaintiffs claimed in right of the wife as heir at law of Dominick Lynch, deceased. The defendant claimed under a devise from Dominick Lynch to his wife Jane Lynch, and a devise from the latter to the defendant Louisa Lynch.
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ACTION of ejectment, to recover an undivided interest in certain real estate situate in the town of Rome, tried before Justice Pratt and a jury, at the Oneida circuit. The plaintiffs claimed in right of the wife as heir at law of Dominick Lynch, deceased. The defendant claimed under a devise from Dominick Lynch to his wife Jane Lynch, and a devise from the latter to the defendant Louisa Lynch. It was assumed by the judge, at the circuit, that Dominick Lynch and his wife were aliens, and came to this country to reside between 1783 and 1794. There was no proof that either were naturalized, and…
1Opinion of the Court
By the Court, W. F. Allen, J.
"Upon the questions relating to the incompetency of Mrs. Jane Lynch to make a will, and the undue influence exercised overx her in the matter of her will, the judge, at the close of the trial, held that there was no sufficient evidence to show that the testatrix was of unsound mind at the time of making the will, or that undue influence was exerted over her which would render it void. He also refused to submit either question to the jury. While courts should he cautious on the subject of interfering with the province of a jury, yet when there is no evidence, or no…
2Cases cited12 opinions
- Ware v. HyltonSupreme Court of the United States · 1796
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Chirac v. Lessee of ChiracSupreme Court of the United States · 1817
- Shanks v. DupontSupreme Court of the United States · 1830
- Stewart's v. LispenardNew York Supreme Court · 1841
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3Cited by2 opinions
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Legg v. MyerNew York Surrogate's Court · 1879