Legal Opinion

In re the Probate of the Last Will & Testament of Hall

Appellate Division of the Supreme Court of the State of New York

Decided September 8, 1920PublishedCited by 3 opinions

Appeal by the contestants, Frank Hall and another, from a decree of the Surrogate’s Court of the county of Saratoga, entered in the office of said surrogate on the 3d day of November, 1919, upon the verdict of a jury directed by the court, admitting to probate the last will and testament of Wesley Hall, deceased.

1Opinion of the Court

Woodward, J.:

A fair statement of the facts in this case which are supported by evidence rather than the assertion of counsel leads irresistibly to the affirmance of the decree of the surrogate.

Wesley Hall and his wife never had any children of their own. Laura Kerwood, the residuary legatee under the will which has been probated, was taken into the Hall family when about three years of age. There appears to have been some pretense at adoption, but the proceeding was informal and whatever papers were executed were destroyed by Mrs. Hall before her death in 1917. Mrs. Kerwood was known as Laura…

2Cases cited2 opinions

  1. In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re the Probate of Last Will & Testament of NelsonAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. In re Proving the Last Will & Testament of PriceAppellate Division of the Supreme Court of the State of New York · 1923
  2. In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
  3. In re Proving the Last Will & Testament of PriceNew York Surrogate's Court · 1922

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