Eckert v. Page
Appellate Division of the Supreme Court of the State of New York
Appeal by Richard Gr. Page, Jr., and1 another, as executors, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of April, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of April, 1913, denying their motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought pursuant to section 2653a of the Code of Civil Procedure to set aside the probate of the will' of Thomas Thompson Eckert, deceased, upon the ground that it was not properly executed, was the result of undue influence, and that the testator did not have testamentary capacity. The trial court withdrew from the consideration of the jury the execution and testamentary capacity, and submitted only the question of undue influence. A verdict was rendered in favor of the plaintiff setting aside the probate, and from the *155judgment entered thereon declaring the…
2Cases cited4 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Hagan v. . SoneNew York Court of Appeals · 1903
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
3Cited by5 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Burke v. BurkeAppellate Division of the Supreme Court of the State of New York · 1920
- In re Proving the Last Will & Testament of CohenNew York Surrogate's Court · 1919
- In re the Estate of LasherNew York Surrogate's Court · 1937
- In re the Estate of O'BrienNew York Surrogate's Court · 1921