In re the Construction of the Will of Manning
Appellate Division of the Supreme Court of the State of New York
Appeal by Agnes Manning Banon from an order of the Surrogate’s Court of the' county of New York, entered in said surrogate’s office on the 18th day of November, 1919, denying her motion to vacate and set aside the decree entered in the proceeding instituted by the executors for a construction of the will, and her motion for a rehearing or a new trial made on the grounds of newly-discovered evidence and in the interest of justice to her.
1Opinion of the Court
Laughlin, J.:
It is stated in this record that the decree was entered on the 2d of July, 1919. The motion to set it aside or to open it and for a rehearing or a new trial was made returnable on the 29th of July, 1919. It is based on four affidavits, one of which was made by the appellant and is to the effect that she discovered the evidence which she desires an opportunity to introduce since the trial and decision on which the decree was entered (See 194 App. Div. 575), and that in the exercise of due diligence she was unable to discover it before. Another of the affidavits was made by the…
2Cases cited2 opinions
- In re the Judicial Settlement of Accounts of RoseAppellate Division of the Supreme Court of the State of New York · 1912
- Security Bank & Trust Co. v. DeryAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by2 opinions
- Appelt v. TimponeNew York Supreme Court · 1949
- Hart v. Ithaca ConservatoryNew York Supreme Court · 1932