Appellate Division of the Supreme Court of New York, 1935

In re Redmond

In re Redmond
Appellate Division of the Supreme Court of New York · Decided March 15, 1935
243 A.D. 812
In re Redmond

Opinion of the Court

Appeal by the contestants, Sisters of the Poor of St. Francis (St. Anthony’s Hospital) and Marcella Carr, from a decree of the Surrogate’s Court, Kings county, filed April 6, 1934, admitting to probate as the last will and testament of Annie Hughes, deceased, a paper writing dated October 23,1933, upon a directed verdict. Decree of the Surrogate’s Court of Kings county affirmed, with costs, payable out of the estate, to all parties appearing and filing briefs. No opinion. Lazansky, P. J., Carswell and Johnston, JJ., concur; Young and Seudder, JJ., dissent, being of the opinion that the question of undue influence should have been submitted to the jury.

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