Kinne v. Johnson
New York Supreme Court
APPEAL from a decree of the surrogate of the county of Seneca, made upon a petition to prove the will of the late Hester Kinne, deceased. The petition of Daniel Johnson and Joseph Dunlap, presented to the surrogate, set forth that Hester Kinne, of Ovid, Ontario county, departed this life about the 12th of September, 1866,. having previously made and executed her last will and testament; and that said petitioners were named as executors.
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APPEAL from a decree of the surrogate of the county of Seneca, made upon a petition to prove the will of the late Hester Kinne, deceased. The petition of Daniel Johnson and Joseph Dunlap, presented to the surrogate, set forth that Hester Kinne, of Ovid, Ontario county, departed this life about the 12th of September, 1866,. having previously made and executed her last will and testament; and that said petitioners were named as executors. The petition prayed for the proper citations to the heirs of the deceased, to the end that probate of the said will might be duly granted to the said…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The probate of the will of the testatrix, in this case, was contested before the surrogate upon three grounds:
*72First. That the testatrix was of unsound mind, and incompetent to manage her affairs, or execute the will.
Second. That the testatrix, at the time of making the will, and also before and since, was under undue influence- and restraint.
Third. That the will was not made and published as required by law.
The last mentioned ground was not pressed, on the argument here, and is clearly untenable. The proof of the due execution and publication of the will, with…
2Cases cited10 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Clark v. FisherNew York Court of Chancery · 1828
- Gardiner v. GardinerNew York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Coit v. . PatchenNew York Court of Appeals · 1879
- Hurley v. O'BrienOregon Supreme Court · 1898
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- In re Campbell's WillNew York Surrogate's Court · 1912
- Forman v. SmithNew York Supreme Court · 1872
13 more not listed; retrieve them via the Exa API.