New York Court of Appeals
Mary Smith, Appellants v. Michael Ryan, as Executors and Trustees Under the Will of Mary M. Flynn…
March 31, 1908191 N.Y. 452
Summary
The New York Court of Appeals reversed the Appellate Division's judgment, holding that a deed executed by a person of unsound mind who has not been judicially declared incompetent is voidable and may be attacked in an action at law such as ejectment. The Court found the trial court erred in excluding evidence of the grantor's incompetence and directing a verdict for the defendants.