In re Maguire
New York Surrogate's Court
Proceeding upon the probate of a will. Motion for a new trial.
1Opinion of the Court
Ketcham, S.
Upon a motion for a new trial in this proceeding, the following are the facts:
The jury found that the will was duly executed. Upon direction of the court, with the acquiescence of the contestant, they found that the testator was possessed of testamentary capacity. At the opening of the trial it was conceded by the contestant that “ it was the intention of the decedent to give.and to leave to the persons and corporations named in the first five paragraphs of the will the gifts there designated.” The only provision of the will which was not embraced in this concession was the…
2Cases cited16 opinions
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Morris v. StokesSupreme Court of Georgia · 1857
- Randolph v. LampkinCourt of Appeals of Kentucky · 1890
- Holmes v. Campbell CollegeSupreme Court of Kansas · 1912
- Sumner v. . StatonSupreme Court of North Carolina · 1909
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3Cited by7 opinions
- In re the Estate of EckertNew York Surrogate's Court · 1978
- In re the Estate LawsonAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of ThornNew York Surrogate's Court · 1934
- In re the Probate of the Will of FouldsNew York Surrogate's Court · 1960
- Petrie v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1972
2 more not listed; retrieve them via the Exa API.