In re the Probate of the Last Will & Testament of Eno
Appellate Division of the Supreme Court of the State of New York
Appeal by Lucius H. Beers and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on the 21st day of August, 1916, on special findings and a general verdict of the jury, denying probate of a testamentary paper propounded as the last will and testament of Amos F. Eno, deceased, and also from an order entered in said clerk’s office on the same day denying appellants’ motion to set aside the…
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Appeal by Lucius H. Beers and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on the 21st day of August, 1916, on special findings and a general verdict of the jury, denying probate of a testamentary paper propounded as the last will and testament of Amos F. Eno, deceased, and also from an order entered in said clerk’s office on the same day denying appellants’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
Lucius H. Beers and William Mitchell, executors named in the alleged will of Amos F. Eno, propounded the same for probate. The testator’s next of kin, consisting of his brother, William P. Eno, his sister, Antoinette E. Wood, his nephews, Henry L. Eno, Gifford and Amos Pinchot, his nieces, Antoinette E. Johnstone, Florence C. Graves and Mary P. Eno, to whom and their children the testator in the propounded paper bequeathed absolutely and on contingent trust over four and a half million dollars, filed objections and demanded a jury trial. On these objections the following questions…
2Cases cited34 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Delafield v. . ParishNew York Court of Appeals · 1862
- Simar v. . CanadayNew York Court of Appeals · 1873
- Matter of CaseNew York Court of Appeals · 1915
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
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3Cited by47 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Doyle v. ReevesSupreme Court of Connecticut · 1931
- Judson v. FieldingAppellate Division of the Supreme Court of the State of New York · 1929
- In Re the Probate of the Will of BurnhamNew York Court of Appeals · 1923
- Saratoga Spa & Bath, Inc. v. Beeche Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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