In Re the Estate of Lehner

This is a will contest. The plaintiffs sought to set aside the judgment of the Surrogate admitting the will to probate on the ground that the will was the product of undue influence upon the decedent. The trial court, however, uphéld the validity of the will. On appeal, the Appellate Division, with one judge dissenting, set aside the probate of the will holding that the trial court failed “to give effect to -the presumption of undue influence which was raised in the ffireumstanees of the case.”

We reverse the judgment of the Appellate Division and reinstate the judgment of the trial court…