Legal Opinion

Thompson v. Thompson

New York Supreme Court

Decided November 5, 1855PublishedCited by 20 opinions

THIS was an appeal from a decree of the surrogate of- the county of Hew York, admitting to probate an instrument propounded as the last will and testament of Abraham Gr. Thompson, late of the city of Hew York, as a will of real and personal estate. The will was dated October 27, 1851, and the testator died two days thereafter, aged 75 years.

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THIS was an appeal from a decree of the surrogate of- the county of Hew York, admitting to probate an instrument propounded as the last will and testament of Abraham Gr. Thompson, late of the city of Hew York, as a will of real and personal estate. The will was dated October 27, 1851, and the testator died two days thereafter, aged 75 years. The case before the surrogate is reported in 2 Bradford’s Hep. 449. The facts are so fully stated there, and in tlie following opinion of Justice Clerke, that any further statement here, is unnecessary.

1Opinion of the Court

Mitchell, P, J.

The question whether the testator was of sound mind was so ably examined by the surrogate that it is unnecessary to do much more than refer to his opinion. The tes^ tator was perfectly competent to transact business of a very large extent, for himself and as trustee for others, and as a director *113of several incorporated institutions. His peculiarities of opinion never disturbed his reason. Erroneous, foolish, and even absurd opinions on certain subjects, do not show insanity, when the person entertaining them still continues in the possession of his faculties, discreetly…

2Cited by20 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Taylor v. McClintockSupreme Court of Arkansas · 1908
  3. Henderson v. JacksonSupreme Court of Iowa · 1907
  4. Wait v. WestfallIndiana Supreme Court · 1903
  5. La Bau v. VanderbiltNew York Surrogate's Court · 1879

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