In re the Probate of the Will of Hewett
Appellate Division of the Supreme Court of the State of New York
1DissentDowling, J.
We have for review a decree denying probate to the will of Wallace B. Hewett, a farmer, late of Oneida County, Hew York. The will was contested on the ground that the testator was suffering from delusional insanity at the time the will was made and by reason thereof he was incompetent to make a will. The Surrogate so found and denied probate on that ground. When the oral testimony upon which reliance is placed to warrant a finding of delusional insanity is read in connection with the written proof, the conclusion is inevitable that such a finding is against the clear weight of the evidence.…
2Cases cited15 opinions
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Goldman v. United StatesSupreme Court of the United States · 1942
- Noonan v. . LutherNew York Court of Appeals · 1912
- Young v. . JohnsonNew York Court of Appeals · 1890
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
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