In re the Estate of Evanchuck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a probate proceeding, the petitioner appeals from so much of a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated April 29, 1986, as, upon a jury verdict, denied probate of a purported will on the grounds of undue influence and fraud.
Ordered that the decree is reversed, insofar as appealed from, on the law and as a matter of discretion in the interest of justice, the objection to probate on the ground of fraud is dismissed, and the matter is remitted to the Surrogate’s Court, Queens County, for a new trial on the issue of undue influence only, with costs to abide the…
2Cases cited17 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re the Estate of KumstarNew York Court of Appeals · 1985
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Kavanaugh v. NussbaumNew York Court of Appeals · 1988
- Davis v. CaldwellNew York Court of Appeals · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re the Estate of ZirinskyAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of EastmanAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Estate of RosenAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of de Heredia RyanAppellate Division of the Supreme Court of the State of New York · 2006
- Steidel v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1992
14 more not listed; retrieve them via the Exa API.