In re the Application for Probate of a Paper Purporting to be the Last Will & Testament of Van Woert
This text of 148 A.D. 932 (In re the Application for Probate of a Paper Purporting to be the Last Will & Testament of Van Woert) 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.
Opinion
Decision amended by striking therefrom the words “ upon questions of fact ” and inserting in place thereof “on the ground that the uncontradicted evidence shows that by the mutilation the testatrix did not intend to revoke the entire will.” All concurred; Smith, P. J., and Betts, J., voting for a further modification to require a submission of the question to a jury, being of the opinion that, notwithstanding the evidence is uncontradicted, there is still a question of fact as to the intention of the testatrix in mutilating the will, which should be determined by a j ury. (See 147 App. Div. 483.)
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148 A.D. 932, 132 N.Y.S. 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-probate-of-a-paper-purporting-to-be-the-last-will-nyappdiv-1912.