Summary
In Howland v. Taylor (53 N.Y. 627) — cited as an authority for the Lansing case referred to supra — the surrogate had admitted a will against the claim of forgery, and in a brief memorandum the court held that while the facts appearing were not sufficient to satisfy them that the will was a forgery, yet they were not sufficient to convince them of its genuineness, leaving the matter in doubt and uncertainty.
Summary of this case from Matter of BurtisOpinion
Argued January 22, 1873
Decided June 10, 1873
Henry S. Clinton Samuel Hand for the appellant.
Rufus F. Andrews, Francis Kernan E.W. Stoughton for the respondents.
FOLGER, J., reads for reversal of judgment of General Term of the decree of surrogate, and ordering an issue to be tried by a jury at a Circuit Court in New York.
All concur.
PECKHAM, J., in result.
Judgment reversed, and ordered accordingly.