McKinley v. Lamb
New York Supreme Court
APPEAL from a judgment ordered at a Special Term, and from an order denying a motion for a new trial of a feigned issue which, by an order of this court, made in April, 1870, had been ordered to be tried at the circuit. (See S. C., 56 Barbour, 284, where the facts are stated.) The feigned issue was to try the question whether a paper claimed to be the-last will and testament of John McKinley, deceased, was duly executed and published as such, by him.
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APPEAL from a judgment ordered at a Special Term, and from an order denying a motion for a new trial of a feigned issue which, by an order of this court, made in April, 1870, had been ordered to be tried at the circuit. (See S. C., 56 Barbour, 284, where the facts are stated.) The feigned issue was to try the question whether a paper claimed to be the-last will and testament of John McKinley, deceased, was duly executed and published as such, by him. The issue was tried at the New York circuit, in June, 1871, before Justice Van Brunt and a jury, and a verdict rendered therein upon the several…
1Opinion of the Court
By the Court, Ingraham, P. J.
The appeal in this case is from a judgment at Special Term, decreeing that a certain will of John McKinley, deceased, was not executed or attested in the manner prescribed by law, and was therefore null and void.
The appeal also involves the decision of the motion for a new trial of a feigned issue ordered to be tried at the circuit; and this order is the main ground of appeal, in the case.
There can be no doubt as to the correctness of the judgment, if the verdict and findings on the feigned issue are sustained.
The questions submitted to the jury were: 1st. Whether…
2Cases cited1 opinion
- Marvin v. MarvinNew York Court of Appeals · 1868
3Cited by1 opinion
- In re the Probate of the Last Will & Testament of de HaasNew York Surrogate's Court · 1898