In re the Probate of the Will of Horton

This is an appeal by contestants from an order of the Surrogate of Albany County directing the probate of an instrument purporting to be the will of Thomas Horton, deceased. In a contested probate proceeding the jury failed to agree, and the Surrogate directed probate, holding that there was no evidence of fraud, duress or undue influence in the execution of the will and that the evidence adduced was insufficient to establish lack of testamentary capacity.

Horton died on May 3, 1945. The testimony varies as to his age at the time of death but apparently he was in his late seventies. The will…