In re the Probate of the Alleged Last Will & Testament of Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by Susie Morton and others, from an order of the ' Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 26th day of October, 1910, dismissing the proceeding for the probate of the last will and testament of Charlotte Miller, deceased, because of neglect to prosecute.
1Opinion of the Court
Miller, J.:
The decedent died on the 2d day of March, 1901, On December 16, 1901, a decree of the Surrogate’s Oojart was entered, refusing *350probate of her will. On an appeal, to this court the decree was reversed (72 App.- Div.' 615), and as section 2588 of the Code of Civil Procedure required, stated questions of fact were directed to be tried by a jury. Thereafter there were two jury trials, the last one in December, 19.02, each resulting in a disagreement. Mo excuse for the long delay that has since intervened is presented, except that some of the parties have died and that negotiations for…
2Cases cited2 opinions
- In re FriedellAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Revocation of the Probate of the Alleged Last Will and Testament of MurphyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- In re the Probate of the Instrument, Dated September 8, 1913, Alleged to Be a Will of PotterAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Probate of the InstrumentNew York Surrogate's Court · 1915