Evans v. Trimble
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert Trimble, individually and as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 15th day of January, 1915, upon the decision of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the same day, upon which order the said judgment was entered.
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Appeal by the defendant, Robert Trimble, individually and as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 15th day of January, 1915, upon the decision of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the same day, upon which order the said judgment was entered. The judgment determined that a paper dated June 17, 1910, admitted to probate as the will of Elizabeth T. Evans, deceased, is not the…
1Dissent
Woodward, J. (dissenting):
If section 2653a of the Code of Civil Procedure is to have any intelligent arid practical operation, there can be no question that this action was properly brought after the adjudication of the Surrogate’s Court, and the affirmance of the decree on the part of this court. (158 App. Div. 894.) The purpose of the statute was to permit interested parties to have a new trial of the issues before a jury, and it was competent for the parties to waive a jury and permit the court to determine the facts.
The learned trial court, in an opinion (88 Misc. Rep. 667), has reviewed…
2Cases cited2 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Evans v. TrimbleNew York Supreme Court · 1915