In re the Estate of Itta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
This appeal concerns a will contest between a brother and sister over their father’s last will and testament which disinherited the sister. Contrary to the contention of brother, the proponent of the will, the evidence raised sufficient issues of fact to warrant submitting the issue of undue influence to the jury (see, Matter of Walther, 6 NY2d 49; Matter of Burke, 82 AD2d 260).
One week after the 94-year-old decedent’s admission to a nursing home, the proponent, without notifying the objectant and against the advice of the decedent’s physician, drove the decedent to a lawyer’s office where…
2Cases cited8 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In re the Probate of the Will of ElmoreAppellate Division of the Supreme Court of the State of New York · 1973
- 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 BachAppellate Division of the Supreme Court of the State of New York · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hearst v. HearstAppellate Division of the Supreme Court of the State of New York · 2008
- In re the Estate of RosenAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of GreenbergAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of PellegrinoAppellate Division of the Supreme Court of the State of New York · 2006
- In re TogninoAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.