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Matter of Van Woert

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1912
148 App. Div. 932 (N.Y. App. Div. 1912)

Opinion

January, 1912.


Decision amended by striking therefrom the words "upon questions of fact" and inserting in place thereof "on the ground that the uncontradicted evidence shows that by the mutilation the testatrix did not intend to revoke the entire will." All concurred; Smith, P.J., and Betts, J., voting for a further modification to require a submission of the question to a jury, being of the opinion that, notwithstanding the evidence is uncontradicted, there is still a question of fact as to the intention of the testatrix in mutilating the will, which should be determined by a jury. (See 147 App. Div. 483.)


Summaries of

Matter of Van Woert

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1912
148 App. Div. 932 (N.Y. App. Div. 1912)
Case details for

Matter of Van Woert

Case Details

Full title:In the Matter of the Application for Probate of a Paper Purporting to Be…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 1, 1912

Citations

148 App. Div. 932 (N.Y. App. Div. 1912)