Legal Opinion

In re the Contested Probate of the Last Will & Testament of Tymeson

New York Surrogate's Court

Decided March 15, 1921PublishedCited by 8 opinions

Decision on motion to direct a verdict.

1Opinion of the Court

Slater, S.

At the conclusion of the trial of this cause, the attorney for the proponent has made a motion that the court take the issues, as framed by an order of this court, from the jury and direct a verdict upon all the issues.

The burden at this time belongs alone to the surrogate. It is only ivhen a verdict must be set aside, as unsupported by the evidence, and not when it may be set aside for that reason, when a verdict may be directed. The issues framed in this contest relate to the execution of the will of Eugene Tymeson; the want of testamentary capacity of the decedent; and undue…

2Cases cited32 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Matter of CaseNew York Court of Appeals · 1915
  3. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  4. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  5. Cudney v. . CudneyNew York Court of Appeals · 1877

27 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re the Estate of WhitmarshNew York Surrogate's Court · 1929
  2. In re the Probate of the Will of EggerNew York Surrogate's Court · 1947
  3. In re BradleyNew York Surrogate's Court · 1929
  4. In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956
  5. In re the Compromise of Controversies Arising between Interested in the Estate of WatsonNew York Surrogate's Court · 1924

3 more not listed; retrieve them via the Exa API.

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