In re Proving the Last Will & Testament of Bitzer

Foley, S.:

The evidence submitted by the contestants on the various issues was utterly insufficient to justify the submission of any of the questions contained in the order framing issues to the jury. The soundness of mind of the testatrix was conceded. No proof was adduced on the issues of fraud and undue influence to meet the standards laid down by the authorities in this State. (Matter of Reuf, 180 App. Div. 203; affd., 223 N. Y. 582; Matter of Kindberg, 207 id. 220; Matter of Price, 204 App. Div. 252, 253.)

On the question dealing with the execution of the will, the testimony of the three…