In Re the Probate of the Will of Reid

298 N.Y. 878 | NY | 1949

Order of Appellate Division and decree of Surrogate's Court reversed, with costs in all courts payable out of the estate, and matter remitted to Surrogate's Court with directions to admit the will to probate. On this record there is no evidence presented requiring the submission of the case to the jury, and the proponent's motion for a direction of a verdict should have been granted. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.