
    SOPHIA A. SEARLES and another, Executors, Appellants, v. VOLMER R. HARVEY and others, Respondents.
    
      Writ de lunático inquirendo — Inquisition—finding in as to duration of lunacy— effect of.
    
    An inquisition taken by virtue of a writ de lunático mquirendo, which finds that the alleged lunatic was of unsound mind, and had been in such condition for twenty-four months, is not conclusive evidence of the incapacity of the alleged lunatic to make a will during such twenty-four months. {Wadsioorth v. Sharpsteen, 8 FT. Y.,388; Van DuesenY. Leveed, 31 id., 379; Wolcott v. Adee, 3 Lans., 173.)
    Appeal from an order of the surrogate of Jefferson county, refusing to admit to probate, a will purporting to be the will of Elisha Harvey, deceased.
    
      L. J. JDorwin, for appellants. Hubbard dé Walts, for respondents.
   Opinion by

Smith, J.

Present — Mullin, P. J., Smith and Gilbert, JJ.

Order of surrogate affirmed, with costs of appeal.  