Lesster v. Lesster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Grace Felix Lesster and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of April, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of May, 1916, denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Grace Felix Lesster and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of April, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of May, 1916, denying defendants’ motion for a new trial made upon the minutes. The action was brought to determine the validity of the probate of a paper dated the 26th day of October, 1910, purporting to be the last will and testament of William C. Lesster, deceased.
1Opinion of the Court
Laitghlin, J.:
This action was brought by the grandson of the testator, pursuant to the provisions of former section 2653a of the Code of Civil Procedure, to determine the validity of the probate of the will. The plaintiff alleged that the testator was of unsound mind and incapable of making a will and that the execution of the alleged will was procured by fraud and undue influence on the part of testator’s wife, Grace Felix Lesster, her sister, Mamie Felix, and one Louis Schrag, named as one of the executors, and other persons unknown to the plaintiff, who conspired together to that end.
The…
2Cases cited10 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Smith v. . KellerNew York Court of Appeals · 1912
- In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906
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3Cited by4 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In Re the Probate of the Will of McCullochNew York Court of Appeals · 1934
- In re the Probate of the Last Will & Testament of StrebAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Estate of LevensonAppellate Division of the Supreme Court of the State of New York · 2001