Published on:

Appellants Appeal Facts from a Previous Decree

This is a matter being heard in the Supreme Court of the State of New York, Second Division of the Appellate Court. The issue involves a probate proceeding where the contestants are appealing the facts from a decree made in the Surrogate’s Court of Nassau County. The order in question was entered on the 23rd of May, 1962 on a jury verdict that admitted the propounded instrument for probate as the decedent’s will and revoked the letters of administration that were issued previously.

Case Discussion and Decision

The court finds if favor of the appellant and the decree is reversed on the law. The costs to the contestants are to be paid from the estate. The motion made by the contestants to set aside the jury verdict and deny probate of the propounded instrument is granted and the petition is dismissed. A New York Probate Lawyer said the letters of administration will be reinstated and the entire matter will be remitted to the Surrogates court.

The court finds that the evidence in the case is insufficient in the matter to support the findings that were made by the jury and is thus equal to no evidence. On the basis of the proof that has been provided to the court the ruling is found in favor of the contestants.

Stephen Bilkis & Associates offers free consultation to those visiting our offices for the first time. If you are involved in any type of legal battle, contact us today. Our offices are located all around the city of New York for your convenience. Call us today and come in and speak with one of our experienced New York Lawyers.

Contact Information