New York Court of Appeals
Ann M. Clapp, Respondent v. Eliza Fullerton, Appellant
January 5, 186634 N.Y. 190
Summary
The Court affirmed the surrogate's decree admitting the will, holding that lay witnesses may testify to observations but not give general opinions on testamentary capacity, that such evidentiary error is not fatal when competent evidence supports the will, that the testator possessed sufficient capacity and undue influence was not proven, and that costs should be paid from the estate.