In re Tompkins' Wild
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Westchester county. John J. Burnell presented the will of Jotham S. Tompkins for probate. The probate was contested by Harriet V. Tompkins and others. From a decree denying probate of the alleged will, proponent appeals.
1Opinion of the CourtJenks, J.
In Re Van Houten’s Will, 11 App. Div. 208, 42 N. Y. Supp. 919, we held that where the disposition which should be made of the questions of fact presented by the evidence is not free from doubt, and as the result reached in the surrogate’s court was not entirely satisfactory, the case, should be reconsidered by a jury. In re Ellick’s Will, 19 N. Y. Wkly. Dig. 231; In re Hannah, 45 Hun, 561; Reynolds v. Root, 62 Barb. 250; In re Pike’s Will, 83 Hun, 327, 331, 31 N. Y. Supp. 689, citing Howland v. Taylor, 53 N. Y. 627; In re Lansing (Sup.) 2 N. Y. Supp. 117; Van Orman v. Van Orman (Sup.) 11 N.…
2Cases cited8 opinions
- Howland v. . TaylorNew York Court of Appeals · 1873
- Reynolds v. RootNew York Supreme Court · 1862
- Sutton v. . RayNew York Court of Appeals · 1878
- In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1896
- In re Pike's WillNew York Supreme Court · 1894
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3Cited by2 opinions
- In re Reynold's WillAppellate Division of the Supreme Court of the State of New York · 1912
- In re Warnock's WillAppellate Division of the Supreme Court of the State of New York · 1905