Ziering v. Berger

CHARLES CARROLL, Chief Judge.

This is an appeal by the plaintiffs below from an order granting a motion of the defendants to dismiss, and dismissing an amended complaint with prejudice.

The initial complaint was by the daughter of Irving Berger, deceased. In short substance she alleged that Berger’s considerable estate consisting of personal property had been transferred to the defendant Helen Berger, his widow, by the decedent within the last year of his lifetime under circumstances of fraud and undue influence; that the defendant Dr. Hyman Turken, the executor of the estate, had refused to…