Legal Opinion
In re the Probate of the Will of Elmore
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1973PublishedCited by 26 opinions
1Opinion of the CourtGreenblott, J.
This is an appeal from a decree of the Surrogate’s Court of Otsego County, entered December 1,1972, which denied probate to a writing propounded by appellant as the last will and testament of the deceased, upon a jury verdict that said writing was procured by undue influence, and which dismissed the petition for probate.
Respondents, contestants below, are the adopted son and daughter of the deceased, having been adopted at very young ages. In February, 1972, when deceased was 73 years of age, she was hospitalized with what proved to be terminal cancer. She remained hospitalized after surgery…
2Cases cited4 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Estate of AnnaNew York Court of Appeals · 1928
- In re Proving the Last Will & Testament of LamerdinAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by26 opinions
- In re the Estate of AntoinetteAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of PaigoAppellate Division of the Supreme Court of the State of New York · 2008
- 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
- In re the Estate of NofalAppellate Division of the Supreme Court of the State of New York · 2006
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