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.