In re Gannon's Will
New York Court of Common Pleas
Appeal from special term. Proceeding for the probate of the will of John Gannon, deceased. The surrogate sent the issues to the court of common pleas to be tried by the court and a jury, where there was a verdict for the contestants. From an order denying a motion for a new trial, proponents appeal. Affirmed.
1Opinion of the CourtBookstaver, J.
The alleged will of John Gannon was executed on November 19,1887, and was contested by all his next of kin, namely, *961his widow, Sarah Gannon, and his sisters, Bridget McGrath and Katherine Brophy. By section 2547 of the Code, the surrogate may direct any special proceeding for the probate of a will to be determined in the court of common pleas, and he so directed in this case. The issues so sent to this court were tried by the court and a jury, and resulted in a verdict in favor of the contestants. This verdict can be reviewed only by a motion for a new trial upon the minutes, and must be…
2Cases cited5 opinions
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- Hoyt v. . HoytNew York Court of Appeals · 1889
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- In re the Probate of Two Papers Propounded as the Last Will & Testament of FormanNew York Supreme Court · 1869
- Wehle v. HavilandNew York Court of Common Pleas · 1872
3Cited by4 opinions
- Zielinski v. MoczulskiAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of RiceNew York Surrogate's Court · 1940
- In re the Probate of the Will of BrushAppellate Division of the Supreme Court of the State of New York · 1956
- In re Carpenter's WillNew York Surrogate's Court · 1913