24 Misc. 258 | N.Y. Sur. Ct. | 1898
The will of the decedent was admitted to probate after a contest thereof by the present applicant, and the decree which was entered, establishing its validity, contained an adjudication construing its provisions adversely to her claim and contention. The decree was reversed upon appeal upon a question of fact, and a trial of the issue of fact as to the execution of the will was directed to be had at the Trial Term of the Supreme Court with a jury, pursuant to section 2588 of the Code of Civil Procedure. The trial resulted in a verdict in favor of the due execution of the will. A judgment was entered at Special Term o.f the Supreme Court upon the verdict, admitting the will to probate, decreeing that letters of administration, with the will annexed, issue to those entitled to them on proper application therefor, and adjudging that the judgment be remitted to the Surrogate’s Court for further proceedings to carry it out, and to make it the judgment of the Surrogate’s Court. It was so made by an order of this court, and thereafter the judgment of the Supreme Court was, on the appeal therefrom, affirmed by the Appellate Division. This appeal did not involve any question as to the regularity. of the practice in entering the judgment before the appeal upon the question of construction had been disposed of by the appellate court. Upon the application for the order or decree which was entered in this court upon the judgment, the moving party herein sought to have inserted in such order or decree the clause construing the will which was contained in the decree of this court which had been reversed. The surrogate declined to malee the insertion. The applicant has now, since the affirmance of the judgment of the Supreme Court, renewed his mo
Application denied.