In re Gates' Will

Appellate Division of the Supreme Court of New York

In re Gates' Will

105 N.Y.S. 1117

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 1907·Published

Opinion

PER CURIAM.

Decree of Surrogate’s Court reversed, and the questions of fact ordered to be tried by’ and before a jury in the Supreme Court at a term to be convened in the county of Jeifcrsdn on the first Monday of October, 1907. Held that, in accordance with the rule adopted by this court in Matter of Burtis’ Will, 107 App. Div. 51, 94 N. Y. Supp. 961, Matter of Drake’s Will, 45 App. Div. 206, 60 N. Y. Supp. 1020, and Matter of Dixon’s Will, 42 App. Div. 481, 59 N. Y. Supp. 421, we think the questions of fact should be passed upon by a jury.

WILLIAMS and ROBSON, JJ., dissent

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PER CURIAM.

Decree of Surrogate’s Court reversed, and the questions of fact ordered to be tried by’ and before a jury in the Supreme Court at a term to be convened in the county of Jeifcrsdn on the first Monday of October, 1907. Held that, in accordance with the rule adopted by this court in Matter of Burtis’ Will, 107 App. Div. 51, 94 N. Y. Supp. 961, Matter of Drake’s Will, 45 App. Div. 206, 60 N. Y. Supp. 1020, and Matter of Dixon’s Will, 42 App. Div. 481, 59 N. Y. Supp. 421, we think the questions of fact should be passed upon by a jury.

WILLIAMS and ROBSON, JJ., dissent

In re Gates' Will, 105 N.Y.S. 1117 (N.Y. Ct. App. 1907).

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Opinion

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