Legal Opinion
In re the Estate of Lippman
New York Surrogate's Court
Decided March 19, 1935PublishedCited by 4 opinions
1Opinion of the Court
Delehanty, S.
A legatee under the instrument propounded as the will applies for a special panel of jurors. Objection to such panel is made by contestant.
*916A trial was had heretofore before a jury called in the usual course. At the close of the case the court directed a verdict on those issues, which related to testamentary capacity, to undue influence and to fraud. In respect of the issue of testamentary capacity contestant conceded that he had failed; in respect of the other two issues the court held as matter of law that contestant had made no case. The jury disagreed as to the issues…
2Cases cited8 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
- In re Proving the Last Will & Testament of EwenAppellate Division of the Supreme Court of the State of New York · 1923
- Wyman v. . WymanNew York Court of Appeals · 1909
- In re Proving the Last Will & Testament of HuberAppellate Division of the Supreme Court of the State of New York · 1918
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3Cited by4 opinions
- In re the Estate of LippmanNew York Surrogate's Court · 1935
- In re Proving the Last Will & Testament of LippmanAppellate Division of the Supreme Court of the State of New York · 1935
- Schuster v. City of New YorkNew York Supreme Court · 1960
- In re the Probate of the Codicil to the Will of NicholsonNew York Surrogate's Court · 1948