Legal Opinion
In re the Probate of the Will of Phillips
New York Surrogate's Court
Decided November 22, 1950PublishedCited by 1 opinion
1Opinion of the Court
Witmer, S.
Proponent has moved for a decree of probate of the will of Alice E. Phillips, deceased, upon the remittitur from the Court of Appeals, and respondent Lena Hatcliffe objects and claims a right to a new trial. Upon the trial by jury of the objections to the probate of the propounded will, at the end of contestants’ case the court dismissed the objections as to due execution and competency of testatrix, and later submitted to *881the jury the question of undue influence. The jury having found that the will was procured through undue influence, probate thereof was denied. (Matter of…
2Cases cited10 opinions
- In Re the Accounting of BarryNew York Court of Appeals · 1949
- In Re the Estate of SchoenewergNew York Court of Appeals · 1938
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
- Croker v. . WilliamsonNew York Court of Appeals · 1913
- Roberts v. . BaumgartenNew York Court of Appeals · 1891
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3Cited by1 opinion
- Gilligan v. Tishman Realty & Construction Co.New York Court of Appeals · 1956