In re Proving the Last Will & Testament of Fischer
Appellate Division of the Supreme Court of the State of New York
Appeal by Clara Hall, contestant, from an order of the Surrogate’s Court of Orleans county, entered in said Surrogate’s Court on the 21st day of May, 1912, denying the contestant’s motion for an order directing a trial by jury of questions of fact arising in a proceeding for the probate of a will.
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Appeal by Clara Hall, contestant, from an order of the Surrogate’s Court of Orleans county, entered in said Surrogate’s Court on the 21st day of May, 1912, denying the contestant’s motion for an order directing a trial by jury of questions of fact arising in a proceeding for the probate of a will. The proceeding was commenced on the 13th day of March, 1912, in the Surrogate’s Court, by the petition of Mabel M. Fischer, daughter of the alleged testator, to obtain the probate of his alleged last will and testament and two codicils thereto. Clara Hall, the appellant herein, also a daughter pf…
1Opinion of the Court
McLennan, P. J.:
It is the claim of the appellant that- she is entitled, as a matter of right, to have questions of fact formulated by the surrogate and directed to be tried by a jury in the Supreme Court, and that unless this is done the decision of the surrogate admitting the will and codicils to probate, which has since been rendered, is final and conclusive. We will briefly refer to the sections of the Code of Civil Procedure upon which the appellant bases her contention.
It is claimed that, appellant is entitled to a jury trial as a matter of right under section 2472a. This section, as…
2Cases cited1 opinion
- Bowen v. SweeneyNew York Supreme Court · 1895
3Cited by4 opinions
- In re the Judicial Settlement of the Account of WolfNew York Surrogate's Court · 1914
- Wadsworth v. . HinchcliffNew York Court of Appeals · 1916
- Wadsworth v. HinchcliffAppellate Division of the Supreme Court of the State of New York · 1914
- Wadswoth v. HinchcliffNew York Surrogate's Court · 1916