In re Manton

Appellate Division of the Supreme Court of New York

In re Manton

58 N.Y.S. 1144

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 1899

StatusPublished

This text of 58 N.Y.S. 1144 (In re Manton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Manton, 58 N.Y.S. 1144 (N.Y. Ct. App. 1899).

Pincite

Opinion

PER CURIAM.

We are of opinion that, through inadvertence, our decision made on the appeal from the decree of the surrogate failed to express our intention, which was to submit all the issues raised by the contestants to a jury for [1145]*1145determination, including that of the testator’s mental capacity. The terms of the order led the trial judge to exclude evidence on that subject when offered on behalf of the contestants, and thus deprived them of having that issue passed upon. For this reason we think the verdict must be set aside and a new trial granted, and also an order should be entered resettling the original order made by this court. Decree of the surrogate reversed, and a new trial granted; costs to abide the event. See 52 N. Y. Supp. 511.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We are of opinion that, through inadvertence, our decision made on the appeal from the decree of the surrogate failed to express our intention, which was to submit all the issues raised by the contestants to a jury for [1145]*1145determination, including that of the testator’s mental capacity. The terms of the order led the trial judge to exclude evidence on that subject when offered on behalf of the contestants, and thus deprived them of having that issue passed upon. For this reason we think the verdict must be set aside and a new trial granted, and also an order should be entered resettling the original order made by this court. Decree of the surrogate reversed, and a new trial granted; costs to abide the event. See 52 N. Y. Supp. 511.

Cite This Page — Counsel Stack

Bluebook (online)

58 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-manton-nyappdiv-1899.

Opinion

Related

Cite This Page — Counsel Stack