In Re the Probate of the Will of Limberg

The respondent, William C. Limberg, named as executor in a paper purporting to be the will of his father, Charles A. Limberg, propounded that instrument for probate. The proceeding was contested by Lucille and Gloria Limberg, infant daughters of Alfred Limberg, a deceased son of the testator. The issues of fraud and undue influence were submitted to a jury, which found for the contestants, and upon this verdict the decree of the surrogate denied probate. The Appellate Division, deciding that the proofs were insuf ficient to warrant submission of these issues to the jury, reversed the decree…