Jackson ex dem. Brown v. Betts

Court for the Trial of Impeachments and Correction of Errors

Jackson ex dem. Brown v. Betts

1 Lock. Rev. Cas. 560

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 560 (Jackson ex dem. Brown v. Betts) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson ex dem. Brown v. Betts, 1 Lock. Rev. Cas. 560 (N.Y. Super. Ct. 1799).

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Opinion

Chancellor Walworth, in his opinion, maintains that the declarations of the testator, in his last illness, are admissible to show that the testator had destroyed it, or that it was still in existence, sed qu. ; but that evidence of the relative situation, in point of property, of the testator’s children, is inadmissible in support of the presumption of the revocation of a will, where there is no change in the circumstances of the children, between the making and alleged revocation. Judgment reversed.

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Chancellor Walworth, in his opinion, maintains that the declarations of the testator, in his last illness, are admissible to show that the testator had destroyed it, or that it was still in existence, sed qu. ; but that evidence of the relative situation, in point of property, of the testator’s children, is inadmissible in support of the presumption of the revocation of a will, where there is no change in the circumstances of the children, between the making and alleged revocation. Judgment reversed.

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Bluebook (online)

1 Lock. Rev. Cas. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-brown-v-betts-nycterr-1799.