In Re the Probate of the Will of Bull
New York Court of Appeals
Appeal from an order of the General Term of the Court of Common Pleas for the city and county of Hew York, made May 7, 1888, which affirmed an order of the trial court denying a motion for a new trial and to set aside a verdict. The proceeding was instituted before the surrogate of the county of Hew York for the probate of an instrument purporting to be the last will of Henry C. Bull, deceased.
Read the full summary
Appeal from an order of the General Term of the Court of Common Pleas for the city and county of Hew York, made May 7, 1888, which affirmed an order of the trial court denying a motion for a new trial and to set aside a verdict. The proceeding was instituted before the surrogate of the county of Hew York for the probate of an instrument purporting to be the last will of Henry C. Bull, deceased. Objections having been filed, the matter was transferred to the Common Pleas for trial of the issues of fact under section 2547 of the Code of Civil Procedure, as amended by chapter 119 of the Laws of…
1Opinion of the CourtPeckham, J.
The question which first arises upon this appeal is as to the extent of our jurisdiction, whether we can review the facts to the same extent as the General Term of the Common Pleas, or whether we are restricted to the review of questions of law only. If this were the ordinary case of an appeal from the General Term affirming a decision of the surrogate admitting or refusing to admit to probate the instrument propounded as a will, the case of Hewlett v. Elmer (103 N. Y. 156), would be a direct authority restricting our jurisdiction to a review of questions of law only. It is contended however,…
2Cases cited1 opinion
- Hewlett v. . ElmerNew York Court of Appeals · 1886
3Cited by3 opinions
- In Re Rowland's EstateSouth Dakota Supreme Court · 1945
- United States v. De VivoDistrict Court, E.D. New York · 1961
- In re the application for the probate of the will of BullNew York Surrogate's Court · 1889