Cook v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph White, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the ■clerk of the county of Kings on the 30th day of December, 1898, upon the verdict of a jury rendered by direction of the court, with notice of an intention to bring up for review upon such appeal an ■order entered in said clerk’s office on the 3d day of January, 1899, ■denying the said defendant’s motion fot a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The will of Jane Cunningham having been admitted to probate by a decree of the surrogate of the county of Kings, this action was brought by a legatee named in the will, under section 2653a, Code of Civil Procedure, to establish and affirm its validity. At the close of the evidence the court directed the jury, in answering the questions propounded to it, to sustain .the will. From the judgment entered on the verdict so directed, this appeal is taken.
On- the trial the appellant took a number of exceptions to the rulings of the court on the formation of the jury. These exceptions have…
2Cases cited5 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Peck v. . CaryNew York Court of Appeals · 1863
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Van Wyck v. . BrasherNew York Court of Appeals · 1880
- Hawke v. HawkeNew York Supreme Court · 1894
3Cited by22 opinions
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- In re the Probate of the Last Will & Testament of AcresNew York Surrogate's Court · 1926
- State ex rel. Jurich v. McFadden ex rel. White Pine CountyNevada Supreme Court · 1919
- In re the Judicial Settlement of the Final Account of Proceedings of BirchNew York Surrogate's Court · 1929
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