In re the Estate of Weinstock

We hold that in the circumstances disclosed by this record the Surrogate was warranted in concluding that there had been such a breach of their professional responsibility to the decedent as to require that the lawyers named as executors of his will be precluded from serving in that capacity.

The question is not whether the proof would be sufficient to sustain a finding of such undue influence as to warrant denying the decedent’s will admission to probate. The issue is much narrower and concededly has received almost no articulated judicial attention. Was there here such impropriety and…