Burger v. . Burger
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made. April 19, 1887, which reversed, “ for error of fact,” a decree of the surrogate of Monroe county admitting to probate the will of John Burger, deceased, and directing a trial by jury of this question: “ Was John Burger of sound and disposing mind at the time the will in question was executed % ” The General Term had no power on the appeal taken from the surrogate’s decree to…
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made. April 19, 1887, which reversed, “ for error of fact,” a decree of the surrogate of Monroe county admitting to probate the will of John Burger, deceased, and directing a trial by jury of this question: “ Was John Burger of sound and disposing mind at the time the will in question was executed % ” The General Term had no power on the appeal taken from the surrogate’s decree to reverse the decree and order a new trial before a jury. (Code, § 2545.) It had no power to review the facts, and its…
1Opinion of the Court
This is an appeal by the executor of the will of John Burger, deceased, from an order of the General Term, reversing on the facts the decision of the surrogate of Monroe county, admitting the will to probate and directing an issue to be tried by a jury as to the mental capacity of the testator when the will was executed. The appellant in limine insists that the General Term had no power to review the finding of the surrogate on the facts, for the reason that there was no sufficient exception in the case. This question involves a consideration of the practice to be pursued on an appeal from…
2Cases cited6 opinions
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Angevine v. . JacksonNew York Court of Appeals · 1886
- Sutton v. . RayNew York Court of Appeals · 1878
- Scribner v. WilliamsNew York Court of Chancery · 1829
- Potter v. . CarpenterNew York Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re the Probate of the Will of BurnhamNew York Court of Appeals · 1923
- In re Proving the Last Will & Testament of CoeAppellate Division of the Supreme Court of the State of New York · 1900
- In re Gaines' WillNew York Supreme Court · 1895
- In re HumfrevilleAppellate Division of the Supreme Court of the State of New York · 1896
- In re Proving the Last Will & Testament of WidmayerAppellate Division of the Supreme Court of the State of New York · 1900
4 more not listed; retrieve them via the Exa API.