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Matter of Rizzo

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1969
32 A.D.2d 607 (N.Y. App. Div. 1969)

Opinion

April 3, 1969

Appeal from the Erie Surrogate's Court.

Present — Goldman, P.J., Del Vecchio, Witmer, Moule and Bastow, JJ.


Decree and order insofar as appealed from unanimously reversed on the law and facts and a new trial granted on the question of whether the will was the product of fraud or undue influence, with costs to abide the event. Memorandum: There was no evidence of fraud and the evidence as to undue influence was circumstantial and not substantial enough to sustain the jury's finding. We believe, however, that under the circumstances contestants should be given an opportunity to retry the issue of fraud and undue influence.


Summaries of

Matter of Rizzo

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1969
32 A.D.2d 607 (N.Y. App. Div. 1969)
Case details for

Matter of Rizzo

Case Details

Full title:In the Matter of the Probate of the Will of ROSA RIZZO, Deceased

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 3, 1969

Citations

32 A.D.2d 607 (N.Y. App. Div. 1969)
299 N.Y.S.2d 950