In re Torphy's Will — 124 N.Y.S. 1132

Majority

p. 1132

In re TORPHY’S WILL.

(Supreme Court, Appellate Division, First Department.

July 7, 1910.)

Headnote

Appeal from Surrogate’s Court, New York County. Judicial proceedings on the probate of the will of Bridget Torphy, deceased. Appeal from a decree of the Surrogate’s Court admitting the will to probate.

Reversed.

H. N. Holde, for appellant.

J. Aspinwall Hodge, for respondent.

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.

CLARKE, J., dissents.