In re the Estate of Lyons

Harry Gr. Herman, S.

This contested probate proceeding was tried by the court without a jury. The objections were filed by charities named in a prior will and raised as issues due execution and testamentary capacity as well as fraud and undue influence.

The decedent died on April 20, 1961. She had executed the purported will on April 5, 1961. The attorney, who had been called to draw the instrument by the decedent’s companion or nurse, first came to her home on April 3, 1961, discussed the provisions of the will with her, and returned two days later with his secretary. The draftsman and his…