In re Proving the Last Will & Testament of Lamerdin

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Lamerdin

254 A.D. 765, 6 N.Y.S.2d 142, 1938 N.Y. App. Div. LEXIS 7525

Procedural entryThis page is a short order in In re Proving the Last Will & Testament of Lamerdin. Read the opinion of the Court — 250 A.D. 133 →

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 1938·Published

Opinion

Decree of the Surrogate’s Court of Queens county, directing, after disagreement of a jury, a verdict admitting a will to probate, reversed on the law and a new trial ordered before a jury, with costs to appellant [appellants], payable out of the estate, to abide the event. As on the previous trial, it was error for the court to direct a verdict. There were surely questions of fact to be decided by a jury. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Decree of the Surrogate’s Court of Queens county, directing, after disagreement of a jury, a verdict admitting a will to probate, reversed on the law and a new trial ordered before a jury, with costs to appellant [appellants], payable out of the estate, to abide the event. As on the previous trial, it was error for the court to direct a verdict. There were surely questions of fact to be decided by a jury. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

In re Proving the Last Will & Testament of Lamerdin, 254 A.D. 765, 6 N.Y.S.2d 142, 1938 N.Y. App. Div. LEXIS 7525 (N.Y. Ct. App. 1938).

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