In re Bain

Appellate Division of the Supreme Court of New York

In re Bain

257 A.D. 992, 13 N.Y.S.2d 780, 1939 N.Y. App. Div. LEXIS 8843

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

DecidedJune 27, 1939

StatusPublished

This text of 257 A.D. 992 (In re Bain) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Bain, 257 A.D. 992, 13 N.Y.S.2d 780, 1939 N.Y. App. Div. LEXIS 8843 (N.Y. Ct. App. 1939).

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Opinion

Appeal by contestant from a decree of the Surrogate’s Court, Westchester county, admitting a script to probate as the last will and testament of the decedent and from an order denying her motion to set aside the verdict, as directed, and for a new trial. Decree and order unanimously affirmed, with costs, payable to the respondents out of the estate. The evidence did not disclose a situation from which any presumption of inequality arose. There was no evidence adduced which would warrant a submission to a jury of an issue of restraint, undue influence or fraud. (Cowee v. Cornell, 75 N. Y. 91, 99; Matter of Henderson, 253 App. Div. 140, 145; Matter of Streb, 247 id. 556; Matter of Springsted, 55 Hun, 603; 8 N. Y. Supp. 596.) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Appeal by contestant from a decree of the Surrogate’s Court, Westchester county, admitting a script to probate as the last will and testament of the decedent and from an order denying her motion to set aside the verdict, as directed, and for a new trial. Decree and order unanimously affirmed, with costs, payable to the respondents out of the estate. The evidence did not disclose a situation from which any presumption of inequality arose. There was no evidence adduced which would warrant a submission to a jury of an issue of restraint, undue influence or fraud. (Cowee v. Cornell, 75 N. Y. 91, 99; Matter of Henderson, 253 App. Div. 140, 145; Matter of Streb, 247 id. 556; Matter of Springsted, 55 Hun, 603; 8 N. Y. Supp. 596.) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Bluebook (online)

257 A.D. 992, 13 N.Y.S.2d 780, 1939 N.Y. App. Div. LEXIS 8843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bain-nyappdiv-1939.

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