In Re the Probate of the Will of Whipple
This text of 62 N.E.2d 76 (In Re the Probate of the Will of Whipple) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It was within the power of the Appellate Division, in the exercise of its discretion, to reverse the decree of the Surrogate upon the ground that, in its opinion, the verdict was contrary to and against the clear weight of the evidence. The Appellate Division was without power, however, to direct a contrary verdict in view of the fact that the evidence was not wholly insufficient in point of law to sustain the jury’s verdict. (See Blum v. Fresh Grown Preserve Cory., 292 N. Y. 241, 245-246.)
The order of the Appellate Division and the decree of the Surrogate’s Court should be reversed and a new trial granted, with costs in this court to abide the event.
Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ., concur.
Ordered accordingly.
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Cite This Page — Counsel Stack
62 N.E.2d 76, 294 N.Y. 292, 1945 N.Y. LEXIS 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-whipple-ny-1945.