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In re Proving the Will of Moore

187 N.Y. 573 Court N.Y. Decision date 1907-02-19 English

Contents

Majority

p. 573
In the Matter of Proving the Will of Chester Moore, Deceased. Caroline D. Moore, Respondent; Lulu L. Bergtold et al., Appellants.

Headnote

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
p. 574
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.

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.

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