In re the Contested Probate of the Last Will & Testament of Tymeson
New York Surrogate's Court
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
- Delafield v. . ParishNew York Court of Appeals · 1862
- Matter of CaseNew York Court of Appeals · 1915
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Cudney v. . CudneyNew York Court of Appeals · 1877
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of WhitmarshNew York Surrogate's Court · 1929
- In re the Probate of the Will of EggerNew York Surrogate's Court · 1947
- In re BradleyNew York Surrogate's Court · 1929
- In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956
- 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.