In re Proving the Alleged Last Will & Testament of Hurley
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary Minihan and another from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on or about the 26th day of February, 1919, granting a motion made by the proponents to set aside as contrary to the evidence the verdict of a jury that deceased was not possessed of testamentary capacity when the alleged will was made, and granting a new trial.
1Opinion of the Court
Merrell, J.:
This appeal is by two contestants on the probate of the alleged last will and testament of Timothy Hurley, deceased.
The alleged testator was formerly an inhabitant of the State of New York, but died on December 31, 1917, at Stamford, Conn., while an inmate of Stamford Hall, a sanatorium for the treatment of the insane, and where he had been confined as an insane person since on or about December, 1905.
The paper propounded for probate is alleged to have been executed at the city of New York on February 24, 1905. The proceeding was instituted by the filing of a petition in the…
2Cited by1 opinion
- In re Estate of HurleyAppellate Division of the Supreme Court of the State of New York · 1920