Legal Opinion

In re Hinman

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

Decided November 15, 1911PublishedCited by 23 opinions

Appeal by Vena M. Hinman from a decree of the Surrogate’s Court of the county of Broome, entered in said Surrogate’s Court on the 12th day of October, 1910, vacating an order ajipointing her administratrix of the estate of Charles N. Hinman, deceased, with notice of an intention to bring up for review certain intermediate orders.

1Opinion of the Court

Kellogg, J.:

“ The presumption of marriage from a cohabitation, apparently matrimonial, is one of the strongest presumptions known to the law. * * * 'The presumption of law is not lightly to be repelled. It is not to be broken in upon or shaken by a mere balance of probability. The evidence for the purpose of repelling it must be strong, distinct, satisfactory and conclusive.* * * The presumption could be negatived only ‘ by disproving every reasonable possibility.' ” (Hynes v. McDermott, 91 N. Y. 451, 459.)

The evidence shows conclusively that the parties lived, together as husband and wife…

2Cases cited2 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Meister v. MooreSupreme Court of the United States · 1878

3Cited by23 opinions

  1. In re the Estate of SmithNew York Surrogate's Court · 1930
  2. Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917
  3. Welch v. All PersonsMontana Supreme Court · 1927
  4. Davidson v. ReamNew York Supreme Court · 1916
  5. In re the Estate of ErlangerNew York Surrogate's Court · 1932

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