Mock v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Monroe County. Action by Anna E. Mock and others against Mary Elizabeth Kaufman and others. From a judgment on a verdict for defendants establishing the validity of the will of Leander W. Kaufman, deceased, and from an order denying a motion for new trial on the minutes, plaintiffs appeal.
1Opinion of the CourtSpring, J.
The alleged will of Leander W. Kaufman, deceased, a resident of the city of Rochester, was admitted to probate in the Surrogate’s Court of Monroe county in proceedings had therefor on the 12th day of April, 1899. This action was commenced August 27, 1900, by the heirs at law of the said Kaufman, to determine the invalidity of the said will, pursuant to section 2653a of the Code of Civil Procedure. This section ingrafted a new procedure on the practice for the determination of the validity of wills by action. As originally passed in 1892, it was construed, by reason of the peculiar phraseology…
2Cases cited4 opinions
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Hagan v. . SoneNew York Court of Appeals · 1903
- Lewis v. . CookNew York Court of Appeals · 1896
- Reid v. CurtinAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- In re Falabella's WillNew York Surrogate's Court · 1913