In re the Probate of the Last Will & Testament of Reese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Decree and order reversed on the law and facts and new trial granted, with costs to appellant to abide event, payable out of the estate, on the ground that the verdict is against the weight of evidence on the question of testamentary capacity and that there was error in the charge. (See Dolan v. D. & H. Canal Co., 71 N. Y. 285; Kellegher v. Forty-second Street, etc., R. R. Co., 171 id. 309; Johnston v. N. Y. City R. Co., 120 App. Div. 456; Goldstein v. Werbelovsky, 141 id. 136.) All concur, except Davis, J„ who dissents; Hubbs, P. J., not sitting.
2Cases cited2 opinions
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Johnston v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907