Rothstein v. Rothstein

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Seneca County dismissing plaintiffs’ petition for vacation of an earlier judg ment of that court and for a new trial, the petition having been filed after the term at which the earlier judgment was made.

The judgment in question was entered pursuant to a jury verdict that a purported codicil to the will of Myer M. Roth-stein, deceased, was a valid codicil to the will. The appellants are the same individuals who were parties plaintiff in the action to contest the codicil. The validity of the will to which the…