Bogardus v. Clarke
New York Court of Chancery
ThE bill in this cause was flIed for pâatition of the real estate of which John Fisher of Brooklyn, Kings county, died seized. The matter came up on bill and answer. The deceased~ John Fisher, had made a will, which the surrogate of King's county admitted to probate. On an appeal to the Chancellor, the surrogate's. decision was reversed, upon the grou~ids of insanity and restraint.
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ThE bill in this cause was flIed for pâatition of the real estate of which John Fisher of Brooklyn, Kings county, died seized. The matter came up on bill and answer. The deceased~ John Fisher, had made a will, which the surrogate of King's county admitted to probate. On an appeal to the Chancellor, the surrogate's. decision was reversed, upon the grou~ids of insanity and restraint. The particulars of the case are reported in 1 Paige's 0; R. 177. The decree of the Chancellor still remained in full force. The complainants insisted, that the circumstances made out a case of complete intestacy.…
1Opinion of the Court
The Vice-Chancellor.
The question before the Chancellor was, whether the will of John Fisher was valid as a . *267will of personal property only 1 Now, the point is, whether it is good, as a will to pass real estate. It is true, that , . , , , , _ „ . . both of these depend upon the same state oí facts and circumstances: the mental capacity of the testator. Nevertheless, the decision of them confessedly belongs to different tribunals, and would have to be determined by a different course of proceeding and mode of trial. In England, the first is confided to the ecclesiastical courts; and under our…
2Cited by10 opinions
- Thrasher v. IngramSupreme Court of Alabama · 1858
- In re Gedney's WildNew York Surrogate's Court · 1913
- Bowen v. SweeneyNew York Supreme Court · 1895
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- In re Letters of Administration Upon the GoodsNew York Surrogate's Court · 1911
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