In re Berkes' Will — 95 N.Y.S. 1114

Majority

p. 1114

In re BERKES’ WILL.

(Supreme Court, Appellate Division, Fourth Department.

October 18, 1905.)

Headnote

In the matter of proving the will of Anton Berkes, deceased.

Decree of Surrogate’s Court reversed on the facts, and new trial ordered before a jury in the Supreme Court at the next Trial Term to be held in the county of Erie, with costs of this appeal to abide the event of the new trial. Held, that the disposition of the facts by the surrogate is not free from doubt and not entirely satisfactory. The order will state the questions to be tried.

WILLIAMS, J., dissents.