Roche v. Nason
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Paul Ford Nason and others, from so much of a judgment of the Supreme Court in favor of the plaintifí, entered in the office of the clerk of the county of Rensselaer on the 21st day of June, 1904, upon the verdict of a jury, rendered by direction of the court after a trial at the Rensselaer Trial Term, as adjudges that certain instruments in writing are, together, the last will and testament of Henry T. Nason, deceased, and are valid instruments,…
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Appeal by the defendants, Paul Ford Nason and others, from so much of a judgment of the Supreme Court in favor of the plaintifí, entered in the office of the clerk of the county of Rensselaer on the 21st day of June, 1904, upon the verdict of a jury, rendered by direction of the court after a trial at the Rensselaer Trial Term, as adjudges that certain instruments in writing are, together, the last will and testament of Henry T. Nason, deceased, and are valid instruments, and that the probate thereof is in all respects legal and valid, and from so much of said judgment as enjoins all parties…
1Opinion of the Court
Chase, J.:
“All persons except idiots, persons of unsound mind and infants may devise their real estate by a last will and testament duly executed.” (R. S. pt. 2, chap. 6, tit. 1, § 1, as amd. by Laws of 1867, chap. 782.)
“ Every male person of the age of eighteen years or upwards * * ■ * of sound mind and memory, and no others, may give and bequeath his * * * personal estate by will in writing.” (R. S. pt. 2, chap. 6, tit. 1, § 21, as amd. by Laws of 1867, chap. 782.)
*261“ Before admitting a will to probate the surrogate must inquire particularly into all the facts and circumstances and must be…
2Cases cited9 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Delafield v. . ParishNew York Court of Appeals · 1862
- People v. . KoernerNew York Court of Appeals · 1897
- Horn v. . PullmanNew York Court of Appeals · 1878
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. ArmstrongWest Virginia Supreme Court · 1988
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re Falabella's WillNew York Surrogate's Court · 1913
- In Re the Probate of the Will of AllenNew York Court of Appeals · 1940
- In Re Estate of PuckettSupreme Court of Iowa · 1949
4 more not listed; retrieve them via the Exa API.