In re Berkes' Will

Appellate Division of the Supreme Court of New York

In re Berkes' Will

95 N.Y.S. 1114

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1905·Published

Opinion

PER CURIAM.

Decree of Surrogate’s Court reversed on the facts, and new trial ordered before a jury in the Supreme Court at the next Trial Term to be held in the county of Erie, with costs of this appeal to abide the event of the new trial. Held, that the disposition of the facts by the surrogate is not free from doubt and not entirely satisfactory. The order will state the questions to be tried.

WILLIAMS, J., dissents.

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PER CURIAM.

Decree of Surrogate’s Court reversed on the facts, and new trial ordered before a jury in the Supreme Court at the next Trial Term to be held in the county of Erie, with costs of this appeal to abide the event of the new trial. Held, that the disposition of the facts by the surrogate is not free from doubt and not entirely satisfactory. The order will state the questions to be tried.

WILLIAMS, J., dissents.

In re Berkes' Will, 95 N.Y.S. 1114 (N.Y. Ct. App. 1905).

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