Legal Opinion

In re the Estate of Brobst

New York Surrogate's Court

Decided May 15, 1920PublishedCited by 3 opinions

Motioet to set aside a verdict and for new trial.

1Opinion of the Court

Foley, S.

Motion to set aside verdict and for a new trial. The motion is denied. The will gave the entire estate to one Alphonse Consolazion to the exclusion of testatrix’ two sisters. The findings of the jury, first, that the decedent was of unsound mind at the time of the execution of the will, and, second, the will was caused or procured by undue influence, were clearly sustained by more than a fair preponderance of the evidence. Mrs. Brobst had been committed to an insane asylum in 1908 by an order of Mr. Justice G-reenbaum. From 1908 down to the execution of the will in 1918 it appeared…

2Cases cited8 opinions

  1. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  2. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  3. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  4. In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
  5. In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919

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

3Cited by3 opinions

  1. Martello v. CagliostroNew York Supreme Court · 1924
  2. Schall v. IrwinNew York Supreme Court · 1923
  3. Holt v. HedbergCourt of Appeals of Texas · 1958

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