Legal Opinion
In re the Probate of the Paper Propounded as the Last Will & Testament of Caffrey
New York Surrogate's Court
Decided May 15, 1916PublishedCited by 2 opinions
Motions for a new trial and judgment in a probate pro- . ceeding. -
1Opinion of the Court
Fowler, S.—
The motions for a new trial and judgment having come on to be heard, pursuant to the practice directed in this court (Matter of Dorsey, 94 Misc. Rep. 566), after deliberate consideration I have been unable to find any exceptions which warrant the granting of a new trial. The surrogate in every probate cause tried with a jury is compelled to decide whether or not there is an issue for the jury and whether a verdict against the will would be against the weight of evidence. (Matter of Dorsey, 94 Misc. Rep. 566.)
On the trial no serious point was made about the due execu*519tion of the…
2Cases cited6 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Seguine v. SeguineNew York Court of Appeals · 1867
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of GihonAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
- In re the Probate of the Will of KaufmannAppellate Division of the Supreme Court of the State of New York · 1961