Appellate Division of the Supreme Court of New York, 1928

In re the Probate of the Last Will & Testament of Carroll

In re the Probate of the Last Will & Testament of Carroll
Appellate Division of the Supreme Court of New York · Decided June 15, 1928
224 A.D. 744
In re the Probate of the Last Will & Testament of Carroll

Opinion of the Court

Decree of the Surrogate’s Court of Dutchess county reversed upon the law and the facts, with a separate bill of costs to each appellant payable out of the estate, and the matter remitted to the surrogate to make a decree admitting the will to probate. We are of opinion that the evidence failed to establish undue influence in connection with the making and execution of the will. Lazansky, P. J., Rich, Young, Kapper and Scudder, JJ., coneui.

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