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Matter of Schaetz

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1938
255 App. Div. 882 (N.Y. App. Div. 1938)

Opinion

November 28, 1938.


Decree of the Surrogate's Court, Queens county, denying admission to probate of a paper writing bearing date the 28th day of September, 1937, as the last will and testament of decedent, on the ground that the execution of the paper was the result of undue influence practiced upon the decedent, reversed on the law and the facts, with costs to the appellant, payable out of the estate, and matter remitted to the Surrogate's Court for the entry of a decree directing that such paper writing be admitted to probate as the last will and testament of the decedent. In our opinion, no proof at all was adduced to warrant the submission to the jury of the issues of restraint or undue influence. Lazansky, P.J., Adel and Taylor, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm.


Summaries of

Matter of Schaetz

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1938
255 App. Div. 882 (N.Y. App. Div. 1938)
Case details for

Matter of Schaetz

Case Details

Full title:In the Matter of Proving the Last Will and Testament of GRETCHEN SCHAETZ…

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

Date published: Nov 28, 1938

Citations

255 App. Div. 882 (N.Y. App. Div. 1938)