Appellate Division of the Supreme Court of New York, 1940

In re Proving the Last Will & Testament of Boyle

In re Proving the Last Will & Testament of Boyle
Appellate Division of the Supreme Court of New York · Decided May 29, 1940
259 A.D. 985; 21 N.Y.S.2d 165; 1940 N.Y. App. Div. LEXIS 7548
In re Proving the Last Will & Testament of Boyle

Opinion of the Court

Order of March 6, 1940, framing issues for a jury trial affirmed, with ten dollars costs and disbursements. Order of March 6, 1940, denying contestants’ motion to vacate order of preclusion reversed, without costs, and motion granted on condition that the contestants within three days after service of a copy of the order entered herein serve a proper bill of particulars. If the bill of particulars is not served within *986three days, the order is affirmed, with ten dollars costs. All concur. (In a proceeding for the probate of a will one order denies contestants’ motion to vacate an order of preclnsion and the other directs a jury trial before the Supreme Court of certain issues of fact.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.