Legal Opinion

Lake v. Ranney

New York Supreme Court

Decided October 2, 1860PublishedCited by 14 opinions

THIS is an appeal from an order or decree of the surrogate of Oneida county, admitting a paper writing, purporting to he the last will and testament of J ohn Goodhue, late of Augusta, in said county, to prohate. The facts in the case, as they appear from the surrogate’s return, are as follows : The testator, J ohn Goodhue, died on the 24th day of December, 1856. His occupation had been that of a farmer.

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THIS is an appeal from an order or decree of the surrogate of Oneida county, admitting a paper writing, purporting to he the last will and testament of J ohn Goodhue, late of Augusta, in said county, to prohate. The facts in the case, as they appear from the surrogate’s return, are as follows : The testator, J ohn Goodhue, died on the 24th day of December, 1856. His occupation had been that of a farmer. In early life, he had been regarded as a careful and close manager, as far as farming was concerned. His education, however, was very limited. He could read the newspapers somewhat. He wrote…

1Opinion of the Court

By the Gourt,

Allen, J.

The will of John Goodhue, deceased, was propounded for probate by Oliver F. Ranney and Harlow Goff, the executors named therein, and was contested by the appellants for the want of testamentary capacity in the deceased, as well as upon the ground that its execution was procured by fraud and undue influence.

Over thirty witnesses were examined before the surrogate and testified at length to facts bearing with more or less force upon the questions involved, and showing the character, history and business capacity of the testator, his relations to and with the parties…

2Cases cited6 opinions

  1. Clark v. FisherNew York Court of Chancery · 1828
  2. Crispell v. DuboisNew York Supreme Court · 1848
  3. Newhouse v. GodwinNew York Supreme Court · 1853
  4. Van Pelt v. Van PeltNew York Supreme Court · 1858
  5. Burritt v. SillimanNew York Supreme Court · 1853

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Tyler v. . GardinerNew York Court of Appeals · 1866
  2. In re Gedney's WildNew York Surrogate's Court · 1913
  3. Merrill v. RolstonNew York Surrogate's Court · 1881
  4. In re Probate of the Last Will & Testament of GallupAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re Lissauer's WillNew York Surrogate's Court · 1889

9 more not listed; retrieve them via the Exa API.

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