In re Hicks' Will
In re Hicks' Will
2 Edm. Sel. Cas. 143; 4 How. Pr. 316
Opinion of the Court
We fully concur with the judge at Special Term. This court has the case merely for the purpose of trying the feigned issue. Eor all other purposes it is in the Surrogate’s Court, and to that it must ultimately go back for final determination — and there the question of revival or abatement properly belongs,
The order of the Special Term must therefore be affirmed, with costs. ■
Case-law data current through December 31, 2025. Source: CourtListener bulk data.