In re the Probate of the Will of Bennett
This text of 207 A.D. 388 (In re the Probate of the Will of Bennett) 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.
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We think that the evidence presented no real issue of fact as to the publication of the will. (Matter of Burnham, 201 App. Div. 621; affd., 234 N. Y. 475.) Therefore, the surrogate properly directed a verdict.
Kelly, P. J., Manning and Young, JJ., concur; Kelby, J., dissents, and reads for modification; Kapper, J., concurs with Kelby, J., for modification, and for a new trial, upon the ground that the evidence presented a question of fact as to the due execution of the will, but does not regard the constitutionality of section .457a of the Civil Practice Act as involved in such determination.
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Cite This Page — Counsel Stack
207 A.D. 388, 202 N.Y.S. 201, 1923 N.Y. App. Div. LEXIS 5967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-bennett-nyappdiv-1923.