In re the Probate of Will of Hopkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Robert E. Hopkins, Jr., an infant, by Joseph W. Middlebrook, his special guardian, from an order of the Supreme Court, made at the Westchester Trial Term .and entered in the office of the clerk. of the county of Westchester on the 21st day of April, 1903, denying his- motion to set aside the verdict of a jury and also for a new trial.
1Opinion of the Court
Jenks, J.:
On the outset the contestant asked to open in that he had the affirmative. The executor made like request for the same reason. The court ruled with the executor, and she opened and closed the case. I am of opinion that the exception to this ruling was well taken, and that the order should be reversed.
In the Surrogate’s Court the will was admitted to probate. We affirmed the decree. The Court of Appeals remitted the proceedings for a trial before a jury in the Supreme Court to determine whether the will in question was revoked by the testator. (Matter of Hopkins, 73 App. Div. 559 ;…
2Cases cited14 opinions
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Millerd v. . ThornNew York Court of Appeals · 1874
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Rigg v. WiltonIllinois Supreme Court · 1851
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
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3Cited by4 opinions
- In re Gedney's WildNew York Surrogate's Court · 1913
- In re the Probate of a Paper Writing Purporting to be & Propounded as the Last Will & Testament of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of CarpenterNew York Surrogate's Court · 1939
- In re the Probate of a Paper Writing Purporting to be & Propounded as the Last Will & Testament of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905