In re Evans' Will

This motion is made for the reason that the Case of Regan, 58 App. Div. 1, 68 N. Y. Supp. 527, which was referred to in the opinion herein (In re Evans’ Will, 58 App. Div. 502, 69 N. Y. Supp. 482), which was handed down on March 22, 1901, was reversed by the court of appeals by a decision handed down June 27, 1901 (167 N. Y. 338, 60 N. E. 658); and, because the Regan opinion was not handed down until June 27th, this motion for a reargument was not made, as the rule requires, for “the term succeeding that upon which the appeal was decided,” namely, in February, 1901. Passing that point,…