Contracts · MBE-tested
In the Matter of the Probate of the Last Will and Testament of Bridget Torphy, Deceased. (Proceedings I and II). Margaret McGowan Bennett, Appellant; James Edward Johnson, Respondent
139 A.D. 929·New York Supreme Court, Appellate Division·1910·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of the Probate of the Last Will and Testament of Bridget Torphy, Deceased. (Proceedings I and II). Margaret McGowan Bennett, Appellant; James Edward Johnson, Respondent.
Appeal from a decree of the Surrogate's Court, entered on the 24th day of February, 1910, admitting a will to probate..
[MAJORITY — Per Curiam:]
Per Curiam:
A consideration of the record in this case satisfies us that the matter is a proper one in which the question as to whether or not the November will was actually executed by the decedent should be submitted to a jury. The decree is, therefore, reversed and a trial before a jury at Trial Term of the Supreme Court is directed, with costs to the appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Clarke, J., dissented. Decree reversed and jury trial ordered, costs to appellant to abide event.