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Matter of Whipple

Court of Appeals of the State of New York
May 24, 1945
62 N.E.2d 76 (N.Y. 1945)

Opinion

Argued April 12, 1945

Decided May 24, 1945

Appeal from the Supreme Court, Appellate Division, Fourth Department, SEARING, S.

Richard T. Anderson and Donald V. Carr for appellants. Sidney H. Singer and Morris Garber for respondent.


It was within the power of the Appellate Division, in the exercise of its discretion, to reverse the decree of the Surrogate upon the ground that, in its opinion, the verdict was contrary to and against the clear weight of the evidence. The Appellate Division was without power, however, to direct a contrary verdict in view of the fact that the evidence was not wholly insufficient in point of law to sustain the jury's verdict. (See Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241, 245-246.)

The order of the Appellate Division and the decree of the Surrogate's Court should be reversed and a new trial granted, with costs in this court to abide the event.

LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ., concur.

Ordered accordingly.


Summaries of

Matter of Whipple

Court of Appeals of the State of New York
May 24, 1945
62 N.E.2d 76 (N.Y. 1945)
Case details for

Matter of Whipple

Case Details

Full title:In the Matter of the Probate of the Will of FLORA M. WHIPPLE, Deceased…

Court:Court of Appeals of the State of New York

Date published: May 24, 1945

Citations

62 N.E.2d 76 (N.Y. 1945)
62 N.E.2d 76

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