Legal Opinion
In re Warnock's Will
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1905Published
Appeal from Surrogate’s Court, Washington County. Proceedings on the probatfe of an alleged last will of James Warnock, deceased. Appeal by Thomas W. Anderson and Robert J. Anderson, executors and legatees named in the alleged last will and testament, from a decree of the Surrogate of Washington county denying probate to said will,, and awarding costs against the. appellants personally. Reversed.
1Opinion of the CourtSmith, J.
The determining rule for the disposition of these cases is thus expressed in the headnote of Matter of Tompkins, 69 App. Div. 474, 74 N. Y. Supp. 1002:
“Where, on an appeal to the Appellate Division from a decree of the Surrogate’s Court made in a proceeding for the probate of a will, it appears that the disposition which should be made of the questions of fact presented by the evidence given is not free from doubt, and the result reached in the Surrogate’s Court is not entirely satisfactory, the Appellate Division will send the case to a trial term for a jury trial.”
The deceased was 97 years…
2Cases cited2 opinions
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Tompkins' WildAppellate Division of the Supreme Court of the State of New York · 1902