Legal Opinion

In re Burke

Appellate Division of the Supreme Court of the State of New York

Decided August 3, 1981PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Gibbons, J.

This is an appeal from a decree of the Surrogate’s Court of Westchester County, dated December 10, 1979, which admitted to probate a will of the decedent, dated August 23, 1978, following a contested probate trial at the conclusion of which the court granted proponent’s motion to dismiss the objections upon the ground that the contestants had failed to establish a prima facie case of undue influence, lack of testamentary capacity and due execution and granted the proponent’s motion for a directed verdict admitting the will to probate.

The contestants contend that…

2Cases cited22 opinions

  1. In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
  2. Marx v. . McGlynnNew York Court of Appeals · 1882
  3. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  4. Becker v. . KochNew York Court of Appeals · 1887
  5. Rollwagen v. . RollwagenNew York Court of Appeals · 1876

17 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. In re the Estate of AntoinetteAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Estate of CollinsAppellate Division of the Supreme Court of the State of New York · 1987
  3. In re the Estate of EastmanAppellate Division of the Supreme Court of the State of New York · 2009
  4. In re the Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 1997
  5. Campbell v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010

18 more not listed; retrieve them via the Exa API.

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