Legal Opinion

In re Proving the Last Will & Testament & Codicil Thereto of Strong

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

Decided September 13, 1917PublishedCited by 8 opinions

Appeal by the contestants, Jerusha Strong and another, from an order of the Supreme Court, entered in' the office of the clerk of the county of Schenectady on the 6th day of July, 1916; directing a verdict herein in favor of the proponent, after the jury had disagreed, and also from a decree of the Surrogate’s Court of the county of Schenectady, entered in the office of said Surrogate’s Court on the 7th day of July, 1916,-admitting said letter and codicil to probate,…

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Appeal by the contestants, Jerusha Strong and another, from an order of the Supreme Court, entered in' the office of the clerk of the county of Schenectady on the 6th day of July, 1916; directing a verdict herein in favor of the proponent, after the jury had disagreed, and also from a decree of the Surrogate’s Court of the county of Schenectady, entered in the office of said Surrogate’s Court on the 7th day of July, 1916,-admitting said letter and codicil to probate, pursuant to the said order.

1Opinion of the Court

Cochrane, J.:

Abby Strong died November 25, 1915, leaving a last will and testament executed February 22, 1906, and a written instrument purporting to be a codicil thereto executed October 20, 1910. The will is not opposed. Objections having been filed to the codicil and a jury trial having been demanded, the surrogate pursuant to statute certified to the Supreme Court the questions to be determined. After a trial of great length the jury disagreed and it was thereupon stipulated by the parties that the court might reserve decision on the proponent’s motion for the direction of a verdict and…

2Cases cited8 opinions

  1. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  2. Dobie v. . ArmstrongNew York Court of Appeals · 1899
  3. Tousey v. . HastingsNew York Court of Appeals · 1909
  4. Getty v. Roger Williams Silver Co.New York Court of Appeals · 1917
  5. Cook v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899

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

3Cited by8 opinions

  1. In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
  2. Novak v. MelnykAppellate Division of the Supreme Court of the State of New York · 1928
  3. In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
  4. In re the Compromise of Controversies Arising between Interested in the Estate of WatsonNew York Surrogate's Court · 1924
  5. In re the Estate of StephaniNew York Surrogate's Court · 1936

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

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