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53 N.Y. 627

Howland v. . Taylor

New York Court of Appeals

Decided June 10, 1873

New York Court of Appeals · decided 1873-06-10

This was an appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York, admitting to probate an… 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, and therefore that it should be sent to a jury for investigation.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-06-10

How this case has been cited

Cited by 31 later decisions — most recently February 1983 · most notably Josephine Throckmorton v. Washington Holt (1901), In Re the Probate of the Will of Schillinger (1932)

29 state decisions

80187318801890190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Folger, J.,

¶1 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.

¶2 Judgment reversed, and ordered accordingly.

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