Civil Procedure · MBE-tested
In the Matter of Proving the Will of Chester Moore, Deceased. Caroline D. Moore, Respondent; Lulu L. Bergtold et al., Appellants
187 N.Y. 573·New York Court of Appeals·1907·NY
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Opinion
In the Matter of Proving the Will of Chester Moore, Deceased. Caroline D. Moore, Respondent; Lulu L. Bergtold et al., Appellants.
Matter of Moore, 109 App. Div. 762, affirmed.
(Argued January 31, 1907;
decided February 19, 1907.)
Appeal from an order of the Appellate Division-of the Supreme Court in the fourth judicial department, entered December 6, 1905, which reversed a decree of the Erie County Surrogate’s Court admitting to probate a paper propounded as the will of Chester Moore, deceased, and granted a new trial.
Simon Eleischmann and William R. Pooley for appellants.
Edward R. Bosley and Norris Morey for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellants rejecting the will on the stipulation, with costs in all courts, on opinion of Spring, J., below.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.