In Re the Probate of the Last Will & Testament of Stewart
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 2, 1891, which reversed a decree of the surrogate of Kings county admitting to probate a will of James Stewart, deceased, dated November 16, 1881, and a codicil thereto, dated January 21, 1884, and refusing probate of a will of said deceased dated March 12, 1887, and codicils thereto. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 2, 1891, which reversed a decree of the surrogate of Kings county admitting to probate a will of James Stewart, deceased, dated November 16, 1881, and a codicil thereto, dated January 21, 1884, and refusing probate of a will of said deceased dated March 12, 1887, and codicils thereto. The facts, so far as material, are stated in the opinion. An appeal from a decree of the surrogate can only be taken Upon questions of law, or upon the facts, or upon both. (Code Civ. Pro. § 2576.) There was…
1Opinion of the CourtAudbews, J.
The General Term on appeal from the decree of the surrogate, which admitted to prohate the will of 1881, and the codicil thereto, and denied probate to the will of 1887, on the ground that it was obtained by fraud and undue influence, reversed the decree “ on questions of fact,” and directed issues to be framed and sent to a jury for trial. The appeal to this court is taken on the ground that the General Term has no power to review the facts, for the reason that the notice of appeal to the General Term did not specify that the appeal was taken on the facts, but was in general terms only “…
2Cited by3 opinions
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- In re the Probate of the Last Will & Testament of SprattAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Issuance of Letters of Administration upon the Goods, Chattels & Credits of MurthaAppellate Division of the Supreme Court of the State of New York · 1931