In re the Estate of Swain
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a contested probate proceeding, the proponent appeals from stated portions of a decree of the Surrogate’s Court, Suffolk County (Signorelli, S.), dated December 12, 1983, which, inter alia, upon a jury verdict finding that the testatrix lacked testamentary capacity at the time of execution and (2) that the will was procured by the undue influence and fraud of the petitioner and/or her husband, denied probate of the will dated July 6, 1981.
Justice Kooper has been substituted for the late Justice Gibbons (22 NYCRR 670.2 [c]).
Ordered that the decree is reversed insofar as appealed from, on…
2Cases cited11 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984
- In Re the Estate of VukichNew York Court of Appeals · 1977
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3Cited by20 opinions
- In re the Estate of AntoinetteAppellate Division of the Supreme Court of the State of New York · 1997
- In re AnellaAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of ChiurazziAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of GrossAppellate Division of the Supreme Court of the State of New York · 1997
- In re FavaloroAppellate Division of the Supreme Court of the State of New York · 2012
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