New York Court of Appeals

Waterman and Others Against Whitney and Others.

June 5, 185411 N.Y. 157

Summary

The New York Court of Appeals reversed the Supreme Court's judgment and ordered a new trial, holding that a testator's post‑execution declarations are admissible to prove mental incapacity at the time the will was made, while such declarations are not admissible to prove revocation or fraud unless they accompany the act.