New York Supreme Court, 1850

In re Hicks' Will

In re Hicks' Will
New York Supreme Court · Decided February 15, 1850
2 Edm. Sel. Cas. 143; 4 How. Pr. 316

Counsel

Waring, for respondent., O'Conor, for appellant.

In re Hicks' Will

Opinion of the Court

JEdmonds, P. J.:

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. ■

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