In re the Probate of a Paper Writing Purporting to be & Propounded as the Last Will & Testament of Hopkins
Appellate Division of the Supreme Court of the State of New York
. Appeal by 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 5tli day of. Hovember, 1904, denying the appellant’s motion to set aside a verdict of the jury theretofore rendered by direction of the court and for a new trial of the action.
1Opinion of the Court
Hibschberg, P. J..:
The question of fact which the Court of Appeals directed a jury should determine in this case is whether the will of the deceased was revoked by him. . (See Matter of Hopkins, 172 N. Y. 360, 370.) That question has been tried before a jury and submitted by the counsel to the trial court, by which it has been determined that the deceased did not revoke the will. That determination cannot be reversed On this, appeal as against the evidence or the weight of. evidence, since it is in exact accord with all the evidence given on the trial, and it can only be disturbed'on the…
2Cases cited4 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- People v. MosierAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of a Paper Writing Propounded as the Last Will & Testament of HopkinsNew York Surrogate's Court · 1901
- In re the Probate of Will of HopkinsAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- In re the Probate of the Will of IrvinNew York Surrogate's Court · 1958