In re the Probate of the Last Will & Testament of Gates
This text of 121 A.D. 893 (In re the Probate of the Last Will & Testament of Gates) 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
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 Jefferson on the first Monday of October, 1907, [894]*894Held, that'in accordance with the rule adopted by this court in Matter of Burtis (107 App. Div. 51); Matter of Drake (45 id. 306) and Matter of Dixon (43 id. 481) we think the questions of fact should be passed upon by a jury. All concurred, except Williams and Robson, JJ., who dissented.
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