Howland v. . Taylor
New York Court of Appeals
This was an appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York, admitting to probate an instrument purporting to be the last will and testament of James ,B. Taylor, deceased. The probate was contested upon the ground that the proposed instrument was a forgery.
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This was an appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York, admitting to probate an instrument purporting to be the last will and testament of James ,B. Taylor, deceased. The probate was contested upon the ground that the proposed instrument was a forgery. The court holding, as above stated, upon the right to review the facts here, and the nature of proof required to sustain an alleged will. Held, that while the facts appearing were not sufficient to satisfy them that the will was a…
1Opinion of the Court
Folger, J.,
reads for reversal of judgment of General 'Term of the decree of surrogate, and ordering an issue to be tried by a jury at a Circuit Court in New York.
All concur. Peckham, J., in result.
Judgment reversed, and ordered accordingly.
2Cited by21 opinions
- Cockrill v. CoxTexas Supreme Court · 1886
- In Re the Probate of the Will of SchillingerNew York Court of Appeals · 1932
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Falabella's WillNew York Surrogate's Court · 1913
- In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
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