Angevine v. . Jackson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 10, 1885, which reversed a decree of the surrogate of the county of Queens, admitting to probate the will of Oliver Mott, deceased, and directed certain questions of fact to be tried at Circuit by a jury. The facts, so far as material to the questions discussed, appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 10, 1885, which reversed a decree of the surrogate of the county of Queens, admitting to probate the will of Oliver Mott, deceased, and directed certain questions of fact to be tried at Circuit by a jury. The facts, so far as material to the questions discussed, appear in the opinion. The General Term had no jurisdiction, no exception having been taken by the appellants to any of the rulings made, or to the findings, either of facts and law, nor any exception to the refusal of the…
1Opinion of the CourtFinch, J.
Probate of the will of Oliver Mott was resisted upon the ground of mental incapacity and undue influence. After listening to numerous witnesses, and taking a large amount of testimony, the surrogate rendered his decision finding as facts that the decedent was a capable testator, .and the will was his free act, and unaffected by any improper agency, and, as a conclusion of law, that tfie will should be admitted to probate. No exception was taken to any of these findings. The ease recites an exception to the' surrogate’s decree, and each and every part of it. We have repeatedly pointed out the…
2Cases cited1 opinion
- Ward v. . CraigNew York Court of Appeals · 1882
3Cited by16 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Smith v. . GeigerNew York Court of Appeals · 1911
- In Re the Estate of HoodNew York Court of Appeals · 1887
- In re the Probate of the Last Will & Testament of SprattAppellate Division of the Supreme Court of the State of New York · 1896
- Burger v. . BurgerNew York Court of Appeals · 1888
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