In re the Probate of a Paper Writing Purporting to be & Propounded as the Last Will & Testament of Hopkins
Appellate Division of the Supreme Court of the State of New York
. Appeal by Robert E. Hopkins, Jr., an infant, by Joseph W. Middlebrook, his special guardian, from an, order of' the Supreme Court, made at the Westchester Trial Term, and entered in the office of the clerk of the county of Westchester on the 5tli day of. Hovember, 1904, denying the appellant’s motion to set aside a verdict of the jury theretofore rendered by direction of the court and for a new trial of the action.
1Dissent
Woodward, J. (dissenting):
The questions involved in this case have been elaborately discussed by the learned surrogate who admitted the will of the late Robert E. Hopkins to probate (Matter of Hopkins, 35 Misc. Rep. 702), by the learned presiding justice of this department and in. a dissenting opinion on a former appeal (73 App. Div. 559, 571), and by the Court of Appeals (172 N. Y. 360), and very little is left open for consideration in this appeal from an order of the Trial Term denying the contestant appellant’s motion to set aside the verdict directed by the court and for a new trial.…
2Cases cited4 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- In re the Probate of the Last Will & Testament of HopkinsAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of a Paper Writing Propounded as the Last Will & Testament of HopkinsNew York Surrogate's Court · 1901
- In re the Probate of Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1904