Fralick v. Lyford — 187 N.Y. 524

Majority

p. 524

Ransom Fralick, as President of the Progressive Spiritualists’ Association of Waverly, N. Y., Appellant, v. Fred E. Lyford et al., as Executors of James R. Park, Deceased, Respondents.

Headnote

Fralick v. Lyford, 107 App. Div. 543 , affirmed.

(Argued December 19, 1906;

decided January 8, 1907.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 24, 1905, reversing a judgment in favor of plaintiff entered upon the decision of the court at a Trial Term without a jury and granting a new trial in an action to recover an

p. 525

amount claimed as a legacy under the will of James R. Park, deceased.

Louis L. Waters for appellant.

Frederick Collin for. respondents.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner and Hiscock, JJ. Not sitting : Chase, J.

Cases cited

Fralick v. Lyford 107 App. Div. 543 N.Y. App. Div. 1905-09-26 p. 524