Scribner v. Crane
New York Court of Chancery
This was an appeal from the sentence of the surrogate of the county of Westchester. The appellant propounded a testamentary paper as the last will and testament of Martha Williams deceased, in which he was named as executor. The whole case turned upon the question of fact whether the decedent executed the will understandingly, and at a time when she was possessed of a sound and disposing mind and memory.
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This was an appeal from the sentence of the surrogate of the county of Westchester. The appellant propounded a testamentary paper as the last will and testament of Martha Williams deceased, in which he was named as executor. The whole case turned upon the question of fact whether the decedent executed the will understandingly, and at a time when she was possessed of a sound and disposing mind and memory. Many witnesses were examined, and the surrogate pronounced against the validity of the will. From that decision the executor appealed to the chancellor.
1Opinion of the Court
The Chancellor.
I think the weight of evidence in this case is decidedly against the capacity of the testatrix to make a will at the time her mark was made to the instrment propounded by the appellant. Independent of that testimony there is no sufficient evidence of the due execution of the instrument. The .paper propounded appears to have been drawn by the executor, who was attending physician of the decedent, and at the house of the principal legatee named in the will. The apellant is one of the subscribing witnesses, and Haff and Losee are the others. The two latter alone were examined. All…
2Cited by12 opinions
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