Ivison v. Ivison
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Charles H. Ivison against David B. Ivison and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
1DissentHatch, J.
If we are to follow the rule announced in McDonald v. Metropolitan R. Co., 167 N. Y. 66, 60 N. E. 282, which we have held applicable to this class of cases (Phillips v. Phillips, 77 App. Div. 113, 78 N. Y. Supp. 1001), then I think that the appellant in this case presented a question of fact which required its submission to the jury for their determination. The question does not now rest upon the weight of the testimony, but bears solely upon whether there was any question of fact for the jury. It seems to me that the evidence was sufficient upon the question of the testator’s testamentary…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Philips v. PhilipsAppellate Division of the Supreme Court of the State of New York · 1902
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1902