In re Estate of Hurley
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary Minihan and another, as administrators, from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on the 5 th day of May, 1920, denying their motion to require the temporary administrator herein forthwith to deliver to the administrators of said estate the cash assets withheld by him.
1Opinion of the Court
Page, J.:
Timothy Hurley died in December, 1917. An alleged last will and testament was propounded for prolate, which was contested. Pending the contest proceedings, John Dunston and Daniel Hurley, the executors named in the alleged will, were appointed temporary administrators. The court directed the trial of the issue raised by the petition and answer in the probate proceedings. Upon such trial the jury found that at the time of the execution of the paper offered for probate Timothy Hurley was not of sound and disposing mind and memory and not possessed of testamentary capacity. The…
2Cases cited3 opinions
- In re Last Will & Testament of HassettAppellate Division of the Supreme Court of the State of New York · 1905
- In re ClarkAppellate Division of the Supreme Court of the State of New York · 1919
- In re Proving the Alleged Last Will & Testament of HurleyAppellate Division of the Supreme Court of the State of New York · 1919