Rintelen v. Schaefer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph 0. Eintelen, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 20th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of June, 1911, denying the plaintiff’s motion for a new trial, and also, as. stated in the notice of appeal, from a final decree entered on the 15th day of June, 1911. ■ This action…
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Appeal by the plaintiff, Joseph 0. Eintelen, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 20th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of June, 1911, denying the plaintiff’s motion for a new trial, and also, as. stated in the notice of appeal, from a final decree entered on the 15th day of June, 1911. ■ This action was brought under section 2653a of the Code of Civil Procedure,- and the jury found that the writing purporting to be…
1Opinion of the Court
Thomas, J.:
The witness Livett was the attorney for the testatrix, and drew the will. attacked upon grounds of testamentary incapacity and undue influence. Several items of his testimony are: (1) His conversation with her when he was retained; (2) that he had three conferences with her relating to the preparation of the will and its execution, at the first and second of which another person was present, and that no other person than the testator gave any data, or facts, or instructions, with reference to the preparation of the will or its contents; (3) what was said and done by her in the…
2Cases cited1 opinion
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
3Cited by3 opinions
- Leonia Amusement Corp. v. Loew's, Inc.District Court, S.D. New York · 1952
- Rintelen v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1913
- Rintelen v. SchaeferNew York Supreme Court · 1913