MATTER OF HORTON


26 Misc.2d 843 (1960)

In the Matter of the Probate of the Will of Sidney A. Horton, Deceased.

Surrogate's Court, Suffolk County.

August 11, 1960


Attorney(s) appearing for the Case

Schmidt & Fechter for proponent. Stanley Fowler for A. Dorothy Horton, objectant. Carl F. Berger, as temporary administrator.


PIERSON R. 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...

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