Legal Opinion
In re the Estate of Hinman
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 4 opinions
1Opinion of the Court
Decree unanimously reversed on the law without costs and petition granted. Memorandum: The Surrogate erred in denying the petition to admit to probate the last will and testament of Bernard Sidney Hinman. The will leaves the testator’s entire estate to proponent, one of decedent’s eight children. Proponent met her burden of proving that the testator possessed testamentary capacity at the time he executed the will (see, Matter of Kumstar, 66 NY2d 691, 692, rearg denied 67 NY2d 647). The subscribing witnesses testified that decedent was alert and rational and that he understood what he was…
2Cases cited14 opinions
- In Re the Estate of KumstarNew York Court of Appeals · 1985
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of BushAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by4 opinions
- In re the Estate of FrankAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Estate of MakitraAppellate Division of the Supreme Court of the State of New York · 2012
- In re the Estate of MakitraAppellate Division of the Supreme Court of the State of New York · 2012
- MAKITRA, WILLIAM T., MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012