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In re the Probate of the Last Will & Testament of Torphy

139 A.D. 929 Court N.Y. App. Div. English

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p. 929
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.

Headnote

Appeal from a decree of the Surrogate's Court, entered on the 24th day of February, 1910, admitting a will to probate..

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.