Legal Opinion

In re the Estate of Klein

New York Surrogate's Court

Decided October 15, 1923PublishedCited by 8 opinions

1Opinion of the Court

Foley, S.

At the close of the trial of this contested probate proceeding the proponent moved for a direction of the verdict and for the admission of the will to probate on two grounds. The first ground is that the contestant, decedent’s widow, Anna P. Klein, is not a person interested in this proceeding, because in a separation agreement made between her husband and herself she had released all her interest in the estate of the decedent. The second ground is that the evidence is insufficient in law to require the submission of the issues of undue influence and fraud to the jury.

I am of the…

2Cases cited4 opinions

  1. In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re Proving the Last Will & Testament of PriceAppellate Division of the Supreme Court of the State of New York · 1923
  3. In re SchweizerNew York Surrogate's Court · 1922
  4. In re Proving the Last Will & Testament of PriceNew York Surrogate's Court · 1922

3Cited by8 opinions

  1. In re the Estate of BrownNew York Surrogate's Court · 1934
  2. In re the Probate of the Will of WallaceNew York Surrogate's Court · 1944
  3. In re the Estate of GriffithNew York Surrogate's Court · 1938
  4. In re the Estate of TierneyNew York Surrogate's Court · 1933
  5. In re Proving the Last Will & Testament of KiltzNew York Surrogate's Court · 1925

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