In re the Estate of Pedaro

Foley, S.

In this contested probate proceeding a verdict was directed by the surrogate in favor of the proponent on the questions relating to execution and testamentary capacity. The remaining question, as to whether undue influence was exercised in the procurement of the will by the son of the decedent, was submitted to the jury. In their verdict they found that undue influence was not exercised. This verdict was clearly proper and in accord with the evidence in the case. (Matter of Ruef, 180 App. Div. 203; affd., 223 N. Y. 582: Matter of Nicholas, 216 App. Div. 399; affd. 244 N. Y. 531.)

A…