Appellate Division of the Supreme Court of New York, 1996

In re the Estate of Iodice

In re the Estate of Iodice
Appellate Division of the Supreme Court of New York · Decided June 24, 1996
228 A.D.2d 680; 644 N.Y.2d 992; 644 N.Y.S.2d 992; 1996 N.Y. App. Div. LEXIS 7432
In re the Estate of Iodice

Opinion of the Court

Contrary to the objectants’ contention, there was no evidence of undue influence exercised by the testator’s wife over the testator (see, Children’s Aid Socy. v Loveridge, 70 NY 387, *681394; Matter of Kumstar, 66 NY2d 691, rearg denied 67 NY2d 647; Matter of Walther, 6 NY2d 49; Matter of Bianco, 195 AD2d 457, 458). As a result, the court properly set aside the verdict and directed that the will be admitted to probate (see, CPLR 4404 [a]; Micallef v Miehle Co., 39 NY2d 376, 380-381; Nicastro v Park, 113 AD2d 129, 131-132). Sullivan, J. P., Joy, Krausman and McGinity, JJ., concur.

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