In re the Probate of the Will of Miller

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Miller

270 A.D. 826, 60 N.Y.S.2d 100, 1946 N.Y. App. Div. LEXIS 4130

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1946

StatusPublished

Cited by1 cases

This text of 270 A.D. 826 (In re the Probate of the Will of Miller) 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.

Bluebook

In re the Probate of the Will of Miller, 270 A.D. 826, 60 N.Y.S.2d 100, 1946 N.Y. App. Div. LEXIS 4130 (N.Y. Ct. App. 1946).

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Opinion

In a probate proceeding, decree of the Rockland County Surrogate’s Court denying probate of a paper writing as the will of decedent, modified on the law and the facts as follows : By striking from the first ordering paragraph the items numbered 2, 3, 4, and 5; and by adding to the second ordering paragraph after the word “ contestant ” the words “ and to the proponent, payable out of the estate.” As so modified, the decree is unanimously affirmed, with costs to both parties, payable out of the estate. A jury question was presented on the issue of testamentary capacity, but the verdict is against the weight of the credible evidence on the remaining issues. On appeal from order settling ease on appeal, the order, insofar as appealed from, is unanimously affirmed, with $10 costs and disbursements, payable by appellant personally. No opinion. Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [See post, p. 852.]

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In a probate proceeding, decree of the Rockland County Surrogate’s Court denying probate of a paper writing as the will of decedent, modified on the law and the facts as follows : By striking from the first ordering paragraph the items numbered 2, 3, 4, and 5; and by adding to the second ordering paragraph after the word “ contestant ” the words “ and to the proponent, payable out of the estate.” As so modified, the decree is unanimously affirmed, with costs to both parties, payable out of the estate. A jury question was presented on the issue of testamentary capacity, but the verdict is against the weight of the credible evidence on the remaining issues. On appeal from order settling ease on appeal, the order, insofar as appealed from, is unanimously affirmed, with $10 costs and disbursements, payable by appellant personally. No opinion. Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [See post, p. 852.]

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Bluebook (online)

270 A.D. 826, 60 N.Y.S.2d 100, 1946 N.Y. App. Div. LEXIS 4130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-miller-nyappdiv-1946.

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