Lee v. Dill
New York Supreme Court
Appeal from the decision of special term affirming the verdict of a jury sustaining a will. Upon an appeal from the decree of the surrogate of Onondaga, admitting to probate the will of Samuel Dill, deceased, the decree was reversed, and issues awarded to be tried at a circuit court in Onondaga county.
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Appeal from the decision of special term affirming the verdict of a jury sustaining a will. Upon an appeal from the decree of the surrogate of Onondaga, admitting to probate the will of Samuel Dill, deceased, the decree was reversed, and issues awarded to be tried at a circuit court in Onondaga county. (11 Ante, 214.) The issues were tried before Mr. Justice Bacon, and evidence given by the contestants, respectively, touching the questions submitted to the jury, to wit:— 1. Whether the testator, at the time of the execution of the will, understood its contents and effect. 2. Whether the will…
1Opinion of the CourtAllen, P. J.
There can be no doubt that the division of the estate in controversy, by the will propounded for probate, is grossly unequal. Mrs. Lee will be greatly the gainer by securing a decision according to the laws of descent and distribution, while the respondent Dill will be to the same' amount benefited pecuniarily by establishing the will. It is in effect a contest for the property of the decedent by the appellant, as heir-at-law and next of kin, and by the respondent as legatee and the devisee. The former claims by descent and the latter by purchase. The appellant succeeds as heir-at-law and…
2Cases cited1 opinion
- McCray v. McCrayNew York Supreme Court · 1860
3Cited by9 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Seibert v. . DunnNew York Court of Appeals · 1915
- Anderson v. CranmerWest Virginia Supreme Court · 1877
- French v. FrenchWest Virginia Supreme Court · 1877
- In re the Accounting of WellerNew York Supreme Court · 1957
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