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In re Nelson's Will

21 N.Y.S. 1123 Court N.Y. Gen. Term Decision date 1892-12-12 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1123
In re NELSON’S WILL.
(Supreme Court, General Term, Second Department.
December 12, 1892.)

Headnote

Appeal from surrogate’s court, Dutchess county.
Application for probate of the last will and testament of Homer A. Nelson, deceased. Charles Nelson, a brother and heir at law of testator, interposed a contest. After a decree of the surrogate admitting the will to probate had been affirmed at general term of the supreme court on appeal, ( 16 N. Y. Supp. 690 ,) John Nelson, another brother of testator, petitioned the surrogate to vacate the decree. The petition was denied, and petitioner appeals. Affirmed.
G. A. C. Barnett, for appellant.
Frank B. Lown, (John Hackett and H. M. Taylor, of counsel,) for respondents.

A careful consideration of the case shows that there is no material difference between the testimony in this case and that which was before us upon the former appeal concerning this same will. The order should therefore be affirmed, with $10 costs and disbursements.