MATTER OF CODDINGTON


307 N.Y. 181 (1954)

In the Matter of the Probate of The Will of Eva Coddington, Deceased. Cornelius D. Coddington, Appellant; William R. Peckham, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 1954


Attorney(s) appearing for the Case

Arthur B. Ewig and Frank Morse Roosa for appellant.

George F. Kaufman and Hugh R. Elwyn for respondent.

LEWIS, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur with CONWAY, J.; VAN VOORHIS, J., dissents in opinion.


CONWAY, J.

On September 9, 1951, Eva Coddington of Kingston, New York, an unmarried woman about seventy-five years of age, died at the Hudson River State Hospital to which she had been admitted on July 24, 1951. The cause of death was a generalized arteriosclerosis, senile psychosis paranoid type. The interval between the onset of the disease and death was four years.

The issue is whether she possessed testamentary...

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