Legal Opinion
In re the Probate of the Will of Horton
New York Surrogate's Court
Decided August 11, 1960PublishedCited by 6 opinions
1Opinion of the Court
Pierson E. Hildreth, S.
This is a contested probate proceeding in which objections were filed on grounds of lack of due execution of the propounded instrument, lack of testamentary capacity, fraud and undue influence. Trial on framed issues was held before the court without a jury.
The evidence showed full compliance with requirements for proper execution, and at the conclusion of the trial the court granted proponent’s motion for judgment on framed issues 1, 2 and 3 which were as follows:
“ 1. Did Sidney A. Horton, the Testator, subscribe the paper offered for probate bearing date the 20th day…
2Cases cited11 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- In re the Probate of the Will of CoddingtonNew York Court of Appeals · 1954
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3Cited by6 opinions
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of HinmanAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of KhazanehNew York Surrogate's Court · 2006
- In re FishAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Estate of AshleyAppellate Division of the Supreme Court of the State of New York · 1970
1 more not listed; retrieve them via the Exa API.