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Matter of Cassidy

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1951
278 App. Div. 830 (N.Y. App. Div. 1951)

Opinion

May 7, 1951.

Appeal from Surrogate's Court of Dutchess County.


Decree and order reversed on the law and the facts, with costs to both parties, payable out of the estate, and a new trial ordered. In our opinion the charge of the court did not adequately present to the jury the facts or the law bearing on the question of testamentary capacity and the court should have charged the substance of proponent's requests. On the record presented, a verdict should have been directed in proponent's favor on all other issues. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.


Summaries of

Matter of Cassidy

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1951
278 App. Div. 830 (N.Y. App. Div. 1951)
Case details for

Matter of Cassidy

Case Details

Full title:In the Matter of the Probate of the Will of MARY H. CASSIDY, Deceased…

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

Date published: May 7, 1951

Citations

278 App. Div. 830 (N.Y. App. Div. 1951)