In re Proving the Last Will & Testament of Hahn

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Hahn

208 A.D. 715

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

DecidedDecember 15, 1923

StatusPublished

This text of 208 A.D. 715 (In re Proving the Last Will & Testament of Hahn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Proving the Last Will & Testament of Hahn, 208 A.D. 715 (N.Y. Ct. App. 1923).

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Opinion

Decree of the Surrogate’s Court of Queens county reversed upon the law and the facts, and a new trial granted before a jury in the Surrogate’s Court, with costs to appellants to abide the event, upon the ground that the findings of the learned surrogate that the alleged will is genuine, that it was duly executed, that the decedent at the time of executing the same was in all respects competent to make a will and that she was not under restraint, are contrary to the evidence. Upon the record here we think the inference cannot be fairly drawn that decedent knowingly executed the alleged will, that its provisions were known to her, or that the alleged will was executed with the formalities required by statute.

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Decree of the Surrogate’s Court of Queens county reversed upon the law and the facts, and a new trial granted before a jury in the Surrogate’s Court, with costs to appellants to abide the event, upon the ground that the findings of the learned surrogate that the alleged will is genuine, that it was duly executed, that the decedent at the time of executing the same was in all respects competent to make a will and that she was not under restraint, are contrary to the evidence. Upon the record here we think the inference cannot be fairly drawn that decedent knowingly executed the alleged will, that its provisions were known to her, or that the alleged will was executed with the formalities required by statute.

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208 A.D. 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proving-the-last-will-testament-of-hahn-nyappdiv-1923.

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