Legal Opinion

Hyatt v. Lunnin

New York Surrogate's Court

Decided June 15, 1882Published

Application for the probate of decedent’s will by John E. Lnnnin, named as executor therein; opposed by Washington I. Hyatt, one of the next of kin of decedent. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Should the paper here propounded as the will of the decedent be admitted to probate? It is attested by three witnesses—Ira W. Beers, Warren A. James and George H. Poole. As to the incidents attending its execution, their statements vary in some particulars. It is established, however, to my satisfaction, that, at the time of signing this paper, the decedent was of sound and disposing mind; that she executed it in the presence of the three persons above named, and requested them to act as witnesses; that she published it as and for her last will and testament, firmly believing…

2Cases cited6 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Cane v. WatsonSupreme Court of Iowa · 1840
  3. Lake v. RanneyNew York Supreme Court · 1860
  4. Van Pelt v. Van PeltNew York Supreme Court · 1858
  5. Burritt v. SillimanNew York Supreme Court · 1853

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