In re Proving the Last Will & Testament & Codicil Thereto of Lane

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament & Codicil Thereto of Lane

236 A.D. 814

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1932·No. Appeal No. 4·Published

Opinion

— Decree of the Surrogate’s Court of Queens county rejecting for probate the documents offered as the last will and testament and codicil of Benjamin F. Lane, deceased, reversed on the law, with costs to appellant, payable out of the estate, and the matter remitted to the surrogate to enter a decree admitting the will and codicil to probate. The evidence adduced on the trial raised no issue that should have been submitted to the jury. (Matter of Burnham, 234 N. Y. 475.) Kapper, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., concurs for reversal but favors a new trial.

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— Decree of the Surrogate’s Court of Queens county rejecting for probate the documents offered as the last will and testament and codicil of Benjamin F. Lane, deceased, reversed on the law, with costs to appellant, payable out of the estate, and the matter remitted to the surrogate to enter a decree admitting the will and codicil to probate. The evidence adduced on the trial raised no issue that should have been submitted to the jury. (Matter of Burnham, 234 N. Y. 475.) Kapper, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., concurs for reversal but favors a new trial.

In re Proving the Last Will & Testament & Codicil Thereto of Lane, 236 A.D. 814 (N.Y. Ct. App. 1932).

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Opinion

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