Borenstein v. Blumenfeld

Weltner, Justice.

Regina Borenstein was named executrix under the will of her brother, Simon Silbermintz, who died in 1977. Their sister, Fela Blumenfeld, filed a caveat to the will, alleging lack of testamentary capacity and undue influence. The probate court did not admit the will to probate, on the ground of lack of testamentary capacity. From that decision an appeal de novo was taken to the superior court.

On the day set for trial the caveatrix attempted to amend her complaint, alleging for the first time, and in general terms, that the will was procured through fraud. The propounder…