In re Ruef
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, George C. Williams, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 11th day of November, 1916, admitting to probate the will herein, and also from an order of said Surrogate’s Court, entered in the office thereof on the 4th day of December, 1916, denying the contestant’s motion to set aside the verdict of the jury in this proceeding and for a new trial.
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Appeal by the contestant, George C. Williams, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 11th day of November, 1916, admitting to probate the will herein, and also from an order of said Surrogate’s Court, entered in the office thereof on the 4th day of December, 1916, denying the contestant’s motion to set aside the verdict of the jury in this proceeding and for a new trial. The trial was before a jury on issues framed on the motion of contestant. The surrogate directed the jury to find for the proponent on the issues…
1Opinion of the Court
Blackmar, J.:
The evidence abundantly supported the verdict on the issue of the due execution of the will; nor was there any evidence which required the submission" to the jury of the question of testamentary capacity. Upon these two issues the evidence for the proponent was ample and without substantial dispute. A careful reading of the record and the elaborate and well-considered briefs of counsel leaves us with the opinion also that the surrogate was justified in directing the jury to find that the will was not secured by undue influence. It is true that the evidence is consistent with the…
2Cases cited6 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Matter of CaseNew York Court of Appeals · 1915
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Allen v. . La VaudNew York Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of HarrimanNew York Surrogate's Court · 1924
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of SwainAppellate Division of the Supreme Court of the State of New York · 1986
47 more not listed; retrieve them via the Exa API.