In re Egan

Appellate Division of the Supreme Court of New York

In re Egan

241 A.D. 819

Procedural entryThis page is a short order in In re Egan. Read the opinion of the Court — 248 A.D. 177 →

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1934·Published

Opinion

Decree of the Surrogate’s Court of Kings county, in so far as appealed from, reversed on the law and a new trial ordered, with costs to appellants, payable out of the estate, to abide the event. Dr. Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent. (Wyse v. Wyse, 155 N. Y. 367; Matter of McCullough, 226 App. Div. 680.) Lazansky, P. J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.

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Decree of the Surrogate’s Court of Kings county, in so far as appealed from, reversed on the law and a new trial ordered, with costs to appellants, payable out of the estate, to abide the event. Dr. Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent. (Wyse v. Wyse, 155 N. Y. 367; Matter of McCullough, 226 App. Div. 680.) Lazansky, P. J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.

In re Egan, 241 A.D. 819 (N.Y. Ct. App. 1934).

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Opinion

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