Kenney v. Welsh — 201 N.Y. 600

Majority

p. 600

Mary E. Kenney, Appellant, v. John H. Welsh, Individually and as Executor of Louisa T. Welsh, Deceased, Respondent.

Headnote

Kenney v. Welsh, 137 App. Div. 925 , reversed.

(Argued February 10, 1911;

decided April 7, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial' department, entered April 15, 1910, affirming a judgment in favor of defendant

p. 601

entered upon a verdict directed by the court in an action to determine the validity of a will.

F. P. Whittaker, Charles J. Hardy and Thomas F. FitzGerald for appellant.

Eugene A. Philbin for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that the evidence presented a question of fact for the jury ; no opinion.

Concur: Cullen, Oil. J., Vann, Willard Bartlett, IIiscook, Chase and Collin, JJ. Absent: Haight, J.