Legal Opinion
In re the Probate of the Will of Phillips
New York Surrogate's Court
Decided January 11, 1949PublishedCited by 2 opinions
1Opinion of the Court
Witmer, S.
At the close of the evidence after an extended trial before a jury in this probate proceeding the court dismissed the objections concerning due execution of the propounded will and competency of testatrix, and submitted to the jury the issue of undue influence. Contestants claimed that testatrix’ brother, Fred Phillips, aided by his attorney, Charles B. O’Connell, procured the execution of the propounded will by the exercise of undue influence upon testatrix. The jury apparently believed contestants’ witnesses and disbelieved proponents and their witnesses, for they promptly…
2Cases cited14 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Hagan v. . SoneNew York Court of Appeals · 1903
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
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3Cited by2 opinions
- In re the Probate of the Will of PhillipsNew York Surrogate's Court · 1950
- In re the Probate of the Will of TropperAppellate Division of the Supreme Court of the State of New York · 1955