Legal Opinion
Bouton v. Fleharty
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1926PublishedCited by 4 opinions
1Opinion of the CourtRich, J.
In granting the, motion of the defendants Penfield to set the verdict aside and for a new trial, the learned court held that it was incumbent upon the defendant Swan to show either (1) a valid probate according to the law of this State (Surr. Court Act, §§ 80, 139-144), or (2) a valid judgment establishing the will (Decedent Estate Law, §§ 200-205), or (3) that the presumptive evidence of the will and of the execution thereof exists pursuant to section 44 of the Decedent Estate Law; and a new trial was directed for the purpose of giving appellant Swan an opportunity to comply with these…
2Cases cited6 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
- Velsor v. FreemanNew York Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Millard v. McFaddenNew York Supreme Court · 1945
- Bonds v. SmithCourt of Appeals for the D.C. Circuit · 1944
- In re the Estate of PaysonNew York Surrogate's Court · 1986
- Spence v. NiperNew York Supreme Court · 1959