Mock v. Garson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Anna E. Mock and others, from, a judgment of the Supreme Court in favor of the defendants, entered in' the office of the clerk of the county of Monroe on the 7th day of March, 1901, upon the verdict of a jury, .and also from an order-entered in said clerk’s office on the 2d day.of March, 1901j denying the plaintiffs’ motion for a new trial made upon the minutes.' After the appeal papers in this case were completed, one of the original defendants,…
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Appeal by the plaintiffs, Anna E. Mock and others, from, a judgment of the Supreme Court in favor of the defendants, entered in' the office of the clerk of the county of Monroe on the 7th day of March, 1901, upon the verdict of a jury, .and also from an order-entered in said clerk’s office on the 2d day.of March, 1901j denying the plaintiffs’ motion for a new trial made upon the minutes.' After the appeal papers in this case were completed, one of the original defendants, Mary Elizabeth Kaufman, sued individually and-as administratrix with the will annexed of • Leander W. Kaufman, deceased,…
1Opinion of the Court
Spring, J.:
The alleged will of Leander W. Kaufman, deceased, a resident of the city of Rochester, was admitted to probate 'in the Surrogate’s Court of Monroe county in proceedings had therefor on the 12th day of April, 1899. This action was commenced August 27,1900, by the heirs at law off the said Kaufman to determine the invalidity of the said will pursuant to section 2653a of the Code of Civil Procedure. This section engrafted a new procedure on the practice, for the determination of the validity of wills by action. . As originally passed in 1892 (Laws of 1892, chap. 591), it was…
2Cases cited3 opinions
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Lewis v. . CookNew York Court of Appeals · 1896
- Reid v. CurtinAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- In re Falabella's WillNew York Surrogate's Court · 1913
- In re the Estate of HumistonNew York Surrogate's Court · 1926