Legal Opinion

Horn v. . Pullman

New York Court of Appeals

Decided January 29, 1878PublishedCited by 83 opinions

Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of Herkimer county, admitting to probate the last will and testament of Cornelius Horn, deceased. (Reported below, 10 Hun, 474.) ' The facts are sufficiently set forth in the opinion. The burden of proof was upon the proponents.

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Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of Herkimer county, admitting to probate the last will and testament of Cornelius Horn, deceased. (Reported below, 10 Hun, 474.) ' The facts are sufficiently set forth in the opinion. The burden of proof was upon the proponents. (Lake v. Renney, 3 Barb., 49.) The testator was not at the time of making the will in question of sound mind and memory. (Delafield v. Parish, 25 N. Y., 9; Weir v. Fitzgerald, 2 Bradf., 42; Van Hansyker v. Weise, 44 Barb., 494; Creely…

1Opinion of the CourtAndrews, J.

The will of Cornelius Horn, the validity of which is the subject of this controversy, was executed on the 19th day of June, 1875, at his house in the town of Bussia, Herkimer county, and the testator died on the second day of September of the same year, being then of the age of eighty-three years. tie left six children, three sons and three daughters, surviving him, the youngest being about forty-five years of age. The wife of the testator died many years before him. The contestants are the three sons and two of the daughters of the testator, and they contest the will on the ground that there…

2Cited by83 opinions

  1. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Bever v. SpanglerSupreme Court of Iowa · 1895
  4. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
  5. In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921

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