Matter of Ranney

Full title: In the Matter of the Probate of the Will of ELIZA RANNEY, Deceased. ALBERT…

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

Date published: Mar 2, 1949

275 App. Div. 739 (N.Y. App. Div. 1949)

Opinion

March 2, 1949.

Present — Taylor, P.J., Love, Vaughan. Kimball, and Piper, JJ.

Decree, so far as appealed from, affirmed, with costs to the respondent payable out of the estate.

All concur, except Love and Kimball, JJ., who dissent and vote for reversal and for granting a new trial in the following memorandum:

It cannot be said that the proceedings while the jury was in the courtroom on July 8, 1948, were not prejudicial. (The portion of the decree appealed from denied contestants' motion to set aside the verdict of the jury.)