In re the Probate of a Paper Purporting to be the Last Will & Testament of Brand
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Mary A. Dali, from a decree of the Surrogate’s Court of the county of Kings, entered in the said Surrogate’s Court on the 24th day of April, 1901, admitting to probate a paper purporting to be the last will and testament of Harriette W. Brand, deceased.
1Opinion of the Court
Woodward, J.:
Under the provisions of section 2653a of the Code of Civil Procedure the appellant has all the relief which could be granted upon this appeal, for it cannot be seriously urged that the evidence before the surrogate was such as to present merely questions of law, and we have previously called the attention of litigants to the practice *226which should prevail under the circumstances here presented. (Matter of Austin, 35 App. Div. 278; Reid v. Curtin, 51 id. 545; 64 N. Y. Supp. 833; Wells v. Betts, 45 App. Div. 115; 61 N. Y. Supp. 231.)
Upon the merits- we are unable to discover any…
2Cases cited6 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
- In re the Probate of the Last Will & Testament & Codicils of AustinAppellate Division of the Supreme Court of the State of New York · 1898
- Reid v. CurtinAppellate Division of the Supreme Court of the State of New York · 1900
- Wells v. BettsAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of AngleNew York Surrogate's Court · 1933