Legal Opinion

In re Proving the Last Will & Testament of Tompkins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 13 opinions

Appeal by John J. Burnell, the proponent in the above-entitled proceeding, from a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 22d day of Juné, 1901, refusing to admit to probate a certain paper purporting to be the last will and testament of Jotham S. Tompkins, deceased.

1Opinion of the Court

Jenks, J.:

In Matter of Van Houten (11 App. Div. 208) we held that when the disposition which should be made of the questions of fact presented by the evidence-was not free from doubt, and when the result reached in the Surrogate’s Court was not entirely satisfactory, *475the case should be reconsidered by a jury. (Matter of Will of Ellick, 19 Wkly. Dig. 231; Matter of Hannah, 11 N. Y. St. Repr. 807; Reynolds v. Root, 62 Barb. 250; Matter of Pike, 83 Hun, 327, 331, citing Howland v. Taylor, 53 N. Y. 627; Matter of Lansing, 17 N. Y. St. Repr. 440; Van Orman v. Van Orman, 34 id. 824. See, too,…

2Cases cited5 opinions

Howland v. . TaylorNew York Court of Appeals · 1873
Reynolds v. RootNew York Supreme Court · 1862
Sutton v. . RayNew York Court of Appeals · 1878
In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1896
In re Pike's WillNew York Supreme Court · 1894

3Cited by13 opinions

In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of RichardsonAppellate Division of the Supreme Court of the State of New York · 1910
In re the Probate of the Last Will & Testament of AllawayAppellate Division of the Supreme Court of the State of New York · 1919
In re the Probate of the Alleged Last Will & Testament of FinchAppellate Division of the Supreme Court of the State of New York · 1906
In re Proving the Last Will & Testament & Codicil of ShannonAppellate Division of the Supreme Court of the State of New York · 1904

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