In re the Proof & Probate of the Instrument Propounded as the Last Will & Testament of Van Tine

Appellate Division of the Supreme Court of New York

In re the Proof & Probate of the Instrument Propounded as the Last Will & Testament of Van Tine

175 A.D. 906, 160 N.Y.S. 1149

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

DecidedOctober 15, 1916

StatusPublished

This text of 175 A.D. 906 (In re the Proof & Probate of the Instrument Propounded as the Last Will & Testament of Van Tine) 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 Proof & Probate of the Instrument Propounded as the Last Will & Testament of Van Tine, 175 A.D. 906, 160 N.Y.S. 1149 (N.Y. Ct. App. 1916).

Pincite

Opinion

Per Curiam:

The jury found by their answers to the questions submitted to them that at the time of the making of the alleged will the testator was of sound mind and capable of making the same, but that he never executed it, and also that the execution was obtained by undue influence. Assuming that these findings may be reconciled we are of the opinion that the finding that the testator did not execute the will, and that the execution was obtained by undue influence, is each against the weight of the evidence, and that the verdict of the jury should have been set aside upon that ground. The decree and orders denying motion for a new trial should be reversed and a new trial granted, with costs to the appellant to abide the event. All concurred. Decree and orders denying motion for new trial reversed and a new trial granted, with costs to appellant to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

The jury found by their answers to the questions submitted to them that at the time of the making of the alleged will the testator was of sound mind and capable of making the same, but that he never executed it, and also that the execution was obtained by undue influence. Assuming that these findings may be reconciled we are of the opinion that the finding that the testator did not execute the will, and that the execution was obtained by undue influence, is each against the weight of the evidence, and that the verdict of the jury should have been set aside upon that ground. The decree and orders denying motion for a new trial should be reversed and a new trial granted, with costs to the appellant to abide the event. All concurred. Decree and orders denying motion for new trial reversed and a new trial granted, with costs to appellant to abide event.

Cite This Page — Counsel Stack

Bluebook (online)

175 A.D. 906, 160 N.Y.S. 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-proof-probate-of-the-instrument-propounded-as-the-last-will-nyappdiv-1916.