In re Proving the Last Will & Testament of Strong
New York Supreme Court
Action under section 2538 of the Code of Civil Procedure to determine the validity of a will.
1Opinion of the CourtVan Kirk, J.
This action was tried in pursuance of an order of the surrogate of Schenectady county. Four questions were ordered to the Supreme Court under the provisions of section 2538 of the Code of Civil Procedure. At the close of the evidence a motion was made by the proponents for the direction of a verdict, but the questions were submitted to the jury. The jury reported that they were unable to agree, when the proponents renewed their motion for a direction of a verdict. The court entertained the motion, and it was then stipulated by the parties and before the jury was discharged from its…
2Cases cited31 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Delafield v. . ParishNew York Court of Appeals · 1862
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
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3Cited by1 opinion
- In re Proving the Last Will & Testament & Codicil Thereto of StrongAppellate Division of the Supreme Court of the State of New York · 1917