Legal Opinion

Pringle v. . Burroughs

New York Court of Appeals

Decided June 12, 1906PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1905, affirming a judgment in favor of defendant, respondent, entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1905, affirming a judgment in favor of defendant, respondent, entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to direct a verdict sustaining the will of the decedent and-refuse to submit the facts in the case to the jury for the determination of the question of the validity or invalidity of the will in question.…

1Opinion of the CourtWillard Bartlett, J.

In this action, which is brought under section 2653a of the Code of Civil Procedure, the plaintiff and the appealing defendants attack the validity of the will of Joseph Hamilton Bryan, which purports to have been executed on September 6, 1899, and was admitted to probate in the Surrogate’s Court of the county of Hew York on the 6th day of Hovember in the same year. In this will the testator bequeathed to the plaintiff, who was his aunt, an annuity of two hundred dollars to commence from the date when she should cease to reside with his sisters, and to continue until her death. The plaintiff…

2Cases cited8 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Bradley v. StateIndiana Supreme Court · 1869
  3. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  4. Berry v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1902
  5. State v. Van TasselSupreme Court of Iowa · 1897

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3Cited by10 opinions

  1. In Re the Probate of the Will of McCullochNew York Court of Appeals · 1934
  2. People v. . GambacortaNew York Court of Appeals · 1910
  3. Rintelen v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1913
  4. Lesster v. LessterAppellate Division of the Supreme Court of the State of New York · 1917
  5. Ramon v. WorshamTexas Commission of Appeals · 1931

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