In re for Probate of a Paper Propounded as the Last Will and Testament of Laudy
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Kate P. Elliott, from, an order of the Supreme Court, made at a Trial Term thereof, and entered in the-office of the clerk of the county of New York on the 3d day of' June, 1896, denying her motion for a new .trial upon the minutes,, after a trial by a jury upon questions of fact as to the execution of' the last will and testament of Kate L. Laudy, deceased, such trial by jury having been ordered by the Court of Appeals.
1Opinion of the Court
Williams, J.:
The will was presented for probate to the surrogate of the county of New York. The surrogate made a decree denying probate of . the will. On appeal, the General Term of the Supreme Court, reversed the surrogate’s decree and made a decree admitting the will to probate. On appeal, the Court of Appeals modified the decree-made by the General Term of the Supreme Court so as to direct atrial by a jury, at a Trial Term of the Supreme Court, of certain questions of fact arising upon the issues between the parties. The trial of these questions of fact was had in May, 1896, and the jury…
2Cases cited2 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
3Cited by5 opinions
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
- In re the Probate of the Last Will & Testament of AbercrombieAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Probate of the Will of EakinsNew York Surrogate's Court · 1895
- In re LaudyAppellate Division of the Supreme Court of the State of New York · 1898
- In re Van Derzee for Probate of the Last Will & Testament of Van DerzeeNew York Surrogate's Court · 1925