Legal Opinion
In re the Estate of Driscoll
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 1999PublishedCited by 1 opinion
1Opinion of the Court
—In a contested probate proceeding, the petitioner appeals from a decree of the Surrogate’s Court, Westchester County (Emantíelli; S.), dated August 31, 1998, which, upon a jury verdict finding that the will was procured by undue influence, and upon the denial of her motion pursuant to CPLR 4404 to set aside the verdict and for a decree admitting the will to probate, denied the admission of the will to probate.
Ordered that the decree is affirmed, without costs or disbursements.
The claim of the appellant, the proponent of the contested will, that it was an improvident exercise of discretion…
2Cases cited14 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- In re the Estate of AntoinetteAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Probate of the Will of ElmoreAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by1 opinion
- In re the Estate of CavalloAppellate Division of the Supreme Court of the State of New York · 2006