In the Matter of Proving the Last Will and Testament of Edwin B. Hunt, Deceased

Summary

The New York Court of Appeals affirmed the lower court's order admitting the handwritten will of Edwin B. Hunt to probate, holding that substantial compliance with statutory execution and attestation requirements suffices in the absence of fraud. The Court also held that Code of Civil Procedure § 2588 does not require a jury trial when the appellate reversal is based on legal conclusions rather than a factual conflict.