Pringle v. Burroughs
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Eliza Pringle, and by the defendants Eliza J. Bryan and others, from a judgment of the Supreme Court in favor of the defendant,' Fannie Louise Burroughs, née Temple, individually, and as executrix, etc., of Joseph Hamilton Bryan, deceased, entered in the office of the clerk of the county of New York on the 17th day of December, 1900, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s officé…
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■ Appeal by the plaintiff, Eliza Pringle, and by the defendants Eliza J. Bryan and others, from a judgment of the Supreme Court in favor of the defendant,' Fannie Louise Burroughs, née Temple, individually, and as executrix, etc., of Joseph Hamilton Bryan, deceased, entered in the office of the clerk of the county of New York on the 17th day of December, 1900, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s officé on the 5th day of January, 1901, denying the appellants’ motion for a new trial made upon the minutes, and also from an…
1Opinion of the Court
O’Brien, J.:
Were it not for a ruling upon evidence we should have ho hesitation in affirming this judgment; for the inferences most favorable to plaintiff were insufficient to warrant any finding by the jury that the will of Joseph H. Bryan was not valid or that its execution was not his “ free, unconstrained and voluntary act.” The ruling, however, to which we will briefly refer, requires that the judgment be reversed.
One of the physicians, who had attended the deceased before he died, was called as a witness by plaintiff, and Sifter testifying that he had first visited Mr. Bryan during…
2Cases cited3 opinions
- Renihan v. . DenninNew York Court of Appeals · 1886
- Holcomb v. . HarrisNew York Court of Appeals · 1901
- In re Murphy's WillNew York Supreme Court · 1895
3Cited by3 opinions
- Pringle v. BurroughsAppellate Division of the Supreme Court of the State of New York · 1905
- Lippe v. BrandnerAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Probate of the Will of FrangelineAppellate Division of the Supreme Court of the State of New York · 1961