Legal Opinion

Thompson v. Peterson

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

Decided October 4, 1912PublishedCited by 9 opinions

Appeal by the defendants, Lillian T. Peterson and another, individually and as executrices, etc., and another, from a final judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 6th day of February, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered in…

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Appeal by the defendants, Lillian T. Peterson and another, individually and as executrices, etc., and another, from a final judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 6th day of February, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the same day granting the plaintiffs an extra allowance.

1Opinion of the Court

Woodward, J.:

This action was brought under the provisions of section 2653a of the Code of Civil Procedure to set aside the probate of the last will and testament of Charles E. Thompson, ■ deceased.

The case was tried before the court and a jury, who rendered a verdict in the plaintiffs’ favor. The defendants moved for a new trial, which was denied, and from the judgment entered . on the verdict and the order denying the new trial an appeal is taken to this court.

The testator died at Jamaica, Queens county, on the 24th day of February, 1910. His wife had died a short time before him, on…

2Cases cited8 opinions

  1. Cudney v. . CudneyNew York Court of Appeals · 1877
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Loder v. . WhelpleyNew York Court of Appeals · 1888
  4. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
  5. Buchanan v. BelseyAppellate Division of the Supreme Court of the State of New York · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McDonald v. SargentNew York Supreme Court · 1923
  2. Rintelen v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1913
  3. In re the Probate of the Last Will & Testament of StrebAppellate Division of the Supreme Court of the State of New York · 1936
  4. Tumbarello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
  5. In re Proving the Last Will & Testament of StrongNew York Supreme Court · 1916

4 more not listed; retrieve them via the Exa API.

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