Lane v. . Lane
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 1, 1883, which denied a motion for a new trial of certain issues which had been settled herein and tried at a circuit. These were proceedings for the probate of the will of Frederick F. Lane, deceased. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 1, 1883, which denied a motion for a new trial of certain issues which had been settled herein and tried at a circuit. These were proceedings for the probate of the will of Frederick F. Lane, deceased. The facts, so far as material, are stated in the opinion. The testator having subscribed his name to the will at the end thereof in the presence of each of the subscribing witnesses thereto, and at the time he so subscribed it having declared it to he his last will and testament, there was a…
1Opinion of the CourtDanforth, J.
A paper purporting to be the last will and testament of Frederick F. Lane was admitted to probate by the surrogate of Schuyler county, but his decision was reversed by the Supreme Court, and certain issues relating to its execution and the testamentary capacity of the testator were sent to a jury for trial. They have been so answered as to establish that the instrument in question was first read to or by the testator; that he understood it was his last will and testament and so subscribed the same at the end thereof in the presence of two persons, viz.: S. B. H. Nichols and L. C. Wakelee, who…
2Cases cited7 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Lewis v. . LewisNew York Court of Appeals · 1854
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Cary v. . WhiteNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
- Hutton v. . SmithNew York Court of Appeals · 1903
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
29 more not listed; retrieve them via the Exa API.