The Procedure And Law of Surrogates' Courts of the State of New York ...
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Y. St. Eep. 785 ; affd., 154 N. Y. 780.
Awarding a jury trial in probate cases.
It is the settled rule in this State that if upon appeal it appears that the disposition of the questions of fact raised by the evidence is not free from doubt and the surrogate's decision is not entirely satisfactory, the question of fact will be sent to a jury for deter- mination. Such was expressly stated to be the rule in Matter of Dixon (42 App. Div. 481) ; Matter of Drake (45 App. Div. 206).
In Matter of Bruno...r (21 App. Div. 259), the court said : " The evidence given upon the part of the proponent tended to establish that the will, as made and executed, was the voluntary act of the testatrix, and that she was uninfluenced by any other considera- tions than a desire to leave all of the property then at her dis- posal to her husband. A jury upon a trial of such issue would be justified in so finding, upon the testimony now before us. The question, however, in cases of this kind, does not depend upon the 989 Eeview of Vekdict Aftee Juet Teial.
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You can find similar books in the "Read Also" column, or choose other free books by Heaton, Willis Edgar, 1861- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Y. St. Eep. 785 ; affd., 154 N. Y. 780.
Awarding a jury trial in probate cases.
It is the settled rule in this State that if upon appeal it appears that the disposition of the questions of fact raised by the evidence is not free from doubt and the surrogate's decision is not entirely satisfactory, the question of fact will be sent to a jury for deter- mination. Such was expressly stated to be the rule in Matter of Dixon (42 App. Div. 481) ; Matter of Drake (45 App. Div. 206).
In Matter of Bruno...r (21 App. Div. 259), the court said : " The evidence given upon the part of the proponent tended to establish that the will, as made and executed, was the voluntary act of the testatrix, and that she was uninfluenced by any other considera- tions than a desire to leave all of the property then at her dis- posal to her husband. A jury upon a trial of such issue would be justified in so finding, upon the testimony now before us. The question, however, in cases of this kind, does not depend upon the 989 Eeview of Vekdict Aftee Juet Teial.
What to read after The Procedure And Law of Surrogates' Courts of the State of New York ...?
You can find similar books in the "Read Also" column, or choose other free books by Heaton, Willis Edgar, 1861- to read onlineMoreLess
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