Legal Opinion
In re Proving the Last Will & Testament of Klein
New York Surrogate's Court
Decided April 15, 1922PublishedCited by 2 opinions
Motion to set aside a verdict in a contested will case and for a new trial.
1Opinion of the Court
Schulz, S.
On this motion to set aside the verdict of a jury and for a new trial the question involved is whether it was proper to allow the examination of a son of the decedent who was also a legatee and devisee under his will. The witness was an infant eighteen years of age, was called by the contestants and testified against the will. His testimony was taken over the objection of the proponent that the witness was incompetent by reason of section 347 of the Civil Practice Act (formerly Code Civ. Pro. § 829) to testify concerning personal transactions with the decedent.
Two contentions are…
2Cases cited6 opinions
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- Carpenter v. . SouleNew York Court of Appeals · 1882
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
- In re the Last Will & Testament of FitzgeraldNew York Surrogate's Court · 1900
- Bennett v. BennettAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by2 opinions
- In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924
- In re the Probate of the Last Will and Testament of LawlerAppellate Division of the Supreme Court of the State of New York · 1937