In re the Probate of the Will of Gongwer
New York Surrogate's Court
1Opinion of the Court
John J. Dillon, S.
Proponent’s motion under rule 103 of the Rules of Civil Practice to strike out as sham and frivolous paragraph “third” of respondent’s answer and objections is granted.
Paragraph “ first ” of said pleading asserts undue influence and coercion in the execution of the propounded instruments and paragraph “ second ” raises an issue as to due execution. By paragraph “third” respondent, a son of decedent, challenges *123the validity of an Ohio divorce decree obtained by decedent and the validity of decedent’s remarriage to the person who is the proponent and sole beneficiary under the…
2Cited by1 opinion
- In re the Estate of WalkerNew York Surrogate's Court · 1961