Legal Opinion

In re Gates' Will

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1907Published

-In the matter of the probate of the will of Martha Gates, deceased.

1Per curiam

Decree of Surrogate’s Court reversed, and the questions of fact ordered to be tried by’ and before a jury in the Supreme Court at a term to be convened in the county of Jeifcrsdn on the first Monday of October, 1907. Held that, in accordance with the rule adopted by this court in Matter of Burtis’ Will, 107 App. Div. 51, 94 N. Y. Supp. 961, Matter of Drake’s Will, 45 App. Div. 206, 60 N. Y. Supp. 1020, and Matter of Dixon’s Will, 42 App. Div. 481, 59 N. Y. Supp. 421, we think the questions of fact should be passed upon by a jury.

WILLIAMS and ROBSON, JJ., dissent

2Cases cited3 opinions

  1. In re the Proof & Probate of the Last Will & Testament of BurtisAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re the Probate of the Last Will & Testament of DixonAppellate Division of the Supreme Court of the State of New York · 1899