In re the Probate of the Will of Kaufmann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McNally, J,
This will contest is limited to the issue of undue influence. The contestants are the distributees of, and the proponent is unrelated to, the decedent. Two juries have found undue influence. On the prior appeal, by a divided court, the decree denying probate was reversed and a new trial directed because of error (14 A D 2d 411). Appellant argues the proof in its totality fails to establish a jury question on the issue of undue influence. This court’s prior determination impliedly held that the contestants had established a prima facie case on the issue of undue influence. (Politi…
2Cases cited7 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Smith v. . KellerNew York Court of Appeals · 1912
- In Re the Estate of AnnaNew York Court of Appeals · 1928
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weiss v. Kay Jewelry Stores, Inc.Court of Appeals for the D.C. Circuit · 1972
- In re the Estate of AntoinetteAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of CollinsAppellate Division of the Supreme Court of the State of New York · 1987
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of IttaAppellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.