In re Proving the Last Will & Testament of Jacobstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLewis, J.
Our decision in this appeal turns upon a question of practice which arose when specific questions of fact, framed by a. Surrogate’s Court in a contested probate proceeding, were referred to the Supreme Court for trial.
At the conclusion of proof counsel for both the proponent of the will and the contestants moved for the direction of a verdict. The court reserved decision upon both motions and after a recess directed a verdict for the proponent without ruling upon the contestants’ motion. The record fails to disclose that the contestants were advised either that then- motion for a directed…
2Cases cited12 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Woolley v. . WoolleyNew York Court of Appeals · 1884
- Charles H. Brown Paint Co. v. ReinhardtNew York Court of Appeals · 1914
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
- O'Connor v. WebberNew York Court of Appeals · 1924
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3Cited by7 opinions
- In re the Probate of the Last Will & Testament of RobinsonAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of BlackstoneNew York Surrogate's Court · 1939
- In re the Probate of the Will of MittelstaedtAppellate Division of the Supreme Court of the State of New York · 1952
- McTiernan v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Probate of the Will of BranaganNew York Surrogate's Court · 1943
2 more not listed; retrieve them via the Exa API.