Austin v. Slocum
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by D. Schuyler Austin and others, infants, by Thomas M. Rowlette, guardian ad litem, against Louis W. Slocum and another, as executors, etc., of Anna Schuyler Austin, deceased, and others'. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtWoodward, J.
The merits of this case have been passed upon by the surrogate of Kings county, have been reviewed by this court (In re Austin’s Will, 35 App. Div. 278, 55 N. Y. Supp. 52), have been heard before a jury, and have been ruled upon by the court at trial term on the motion for a new trial, and in each instance the conclusion has been in favor of the defendants. We are now asked to reverse the judgment and order appealed from on the ground that the verdict of the jury is against the weight of evidence, and upon the exceptions taken on the trial of the action. We have examined the evidence be*384fore…
2Cases cited2 opinions
- In re the Probate of the Last Will & Testament & Codicils of AustinAppellate Division of the Supreme Court of the State of New York · 1898
- Austin v. FrazierAppellate Division of the Supreme Court of the State of New York · 1898