In re Hamberger

Appellate Division of the Supreme Court of New York

In re Hamberger

234 A.D. 620

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

DecidedJuly 15, 1931

StatusPublished

This text of 234 A.D. 620 (In re Hamberger) 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 Hamberger, 234 A.D. 620 (N.Y. Ct. App. 1931).

Pincite

Opinion

Decree of the Surrogate’s Court of Kings county reversed upon the law and the facts and a new trial ordered as to question No. 5, namely, “ Was the execution by Morris Levine of said paper offered for probate, caused or procured by the undue influence of any person or persons? ” with costs in this court, payable out of the estate, to the parties prevailing upon the trial. In our opinion the testimony and circumstances presented a question for the jury as to the issue of undue influence. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Kapper, J., dissents and votes to affirm.

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Decree of the Surrogate’s Court of Kings county reversed upon the law and the facts and a new trial ordered as to question No. 5, namely, “ Was the execution by Morris Levine of said paper offered for probate, caused or procured by the undue influence of any person or persons? ” with costs in this court, payable out of the estate, to the parties prevailing upon the trial. In our opinion the testimony and circumstances presented a question for the jury as to the issue of undue influence. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Kapper, J., dissents and votes to affirm.

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Bluebook (online)

234 A.D. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hamberger-nyappdiv-1931.