In re Preston
New York Supreme Court
Motion to confirm an inquisition. The hearing was had before Timothy M. Griffing, Esq., sole commissioner, and twenty-one jurors. It began in the morning of March first and continued, with only brief adjournments, until nearly two o’clock in the morning of March second, at which time the ease was submitted to the jury. After being out for about one hour, the jury came in with an inquisition tó the effect that Mr. Preston was competent.
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Motion to confirm an inquisition. The hearing was had before Timothy M. Griffing, Esq., sole commissioner, and twenty-one jurors. It began in the morning of March first and continued, with only brief adjournments, until nearly two o’clock in the morning of March second, at which time the ease was submitted to the jury. After being out for about one hour, the jury came in with an inquisition tó the effect that Mr. Preston was competent. This inquisition was signed by twenty of the jurors, but the commissioner dissented therefrom.
1Opinion of the CourtSmith, J.
After a careful examination of the affidavits and evidence presented upon this application I am convinced that substantial justice will be done by refusing to confirm the inquisition and directing that another hearing be had before the same commissioner by another jury.
I am persuaded to this determination without impeaching the good faith or honest intention of any of the jurors by three principal reasons.
First. The evidence seems to disclose without substantial contradiction that the alleged incompetent has recently made a change in the disposition of his entire estate radically different…
2Cited by1 opinion
- In re LewisNew York Supreme Court · 1908