In Re Proving the Last Will & Testament of Hunt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 27, 1886, which reversed a decree of the surrogate of ¡Rockland county, refusing probate to an instrument purporting to be the last will and testament of1 Edwin B. Hunt, deceased, and directed the surrogate to admit said will to probate. The order of reversal stated that it was made “ on questions of fact as well as questions of- law.”
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 27, 1886, which reversed a decree of the surrogate of ¡Rockland county, refusing probate to an instrument purporting to be the last will and testament of1 Edwin B. Hunt, deceased, and directed the surrogate to admit said will to probate. The order of reversal stated that it was made “ on questions of fact as well as questions of- law.” (Reported below, 42 Hun, 434.) The material facts are stated in the opinion. The General Term having reversed the decree of the…
1Opinion of the CourtGray, J.
Probate of the will of the deceased was refused and the will rejected by the surrogate; for the reason that it was not executed and attested in the manner prescribed by law for the execution and attestation of last wills and testaments. His decree was reversed by the General Term, and the order of reversal directs the surrogate to admit the will to probate. As it is stated in the body of the judgment appealed from to this court that the reversal was upon questions of fact as well as questions of law, we are called upon to examine the facts and to determine them for ourselves. They are few and…
2Cases cited6 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- Lane v. . LaneNew York Court of Appeals · 1884
- In Re to Revoke the Probate of the Will of PhillipsNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- Miller v. BushMontana Supreme Court · 1908
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
- In Re Estate of HailSupreme Court of Oklahoma · 1923
53 more not listed; retrieve them via the Exa API.