Marvin v. Marvin
New York Court of Appeals
Appeals from judgment of the Supreme Court in General Term of the eighth district, adjudging the instrument propounded by the appellant as a will of Sarah L. Marvin, deceased, invalid and of no effect, and requiring the surrogate of Erie county to annul the record and probate thereof; also, from an order affirming the denial of the appellant’s motion for a new trial of the issue awarded to try the questions of fact touching the due and valid execution of the alleged will;…
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Appeals from judgment of the Supreme Court in General Term of the eighth district, adjudging the instrument propounded by the appellant as a will of Sarah L. Marvin, deceased, invalid and of no effect, and requiring the surrogate of Erie county to annul the record and probate thereof; also, from an order affirming the denial of the appellant’s motion for a new trial of the issue awarded to try the questions of fact touching the due and valid execution of the alleged will; also, from the previous order of the Supreme Court reversing the decree of the surrogate, admitting the said instrument to…
1Opinion of the CourtWoodruff, J.
The argument of this appeal has taken a very wide range, and has, I think, proceeded to some extent upon a misapprehension on the part of the appellant. His notice of appeal, as well as his argument here, seeks to bring under review the decision of the Supreme Court, by which the decree of the surrogate was reversed and an issue was awarded, and the opinions delivered when that order was made have been the subject of extended review. It is clear, that we have no jurisdiction to review that decision, and, therefore, were it to our minds clear, that, upon the evidence presented to the…
2Cases cited3 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Talbot v. . TalbotNew York Court of Appeals · 1861
- Watts v. AikinNew York Supreme Court · 1850
3Cited by4 opinions
- Hatch v. PeugnetNew York Supreme Court · 1872
- In re proving the last Will & Testament of ShawNew York Surrogate's Court · 1874
- McKinley v. LambNew York Supreme Court · 1872
- Thurber v. ChambersNew York Supreme Court · 1875