In re Proving the Last Will & Testament of Schaetz

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Schaetz

255 A.D. 882, 7 N.Y.S.2d 906, 1938 N.Y. App. Div. LEXIS 5747

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

DecidedNovember 28, 1938

StatusPublished

This text of 255 A.D. 882 (In re Proving the Last Will & Testament of Schaetz) 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 Proving the Last Will & Testament of Schaetz, 255 A.D. 882, 7 N.Y.S.2d 906, 1938 N.Y. App. Div. LEXIS 5747 (N.Y. Ct. App. 1938).

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Opinion

Decree of the Surrogate’s Court, Queens county, denying admission to probate of a paper writing bearing date the 28th day of September, 1937, as the last will and testament of decedent, on the ground that the execution of the paper was the result of undue influence practiced upon the decedent, reversed on the law and the facts, with costs to the appellant, payable out of the estate, and matter remitted to the Surrogate’s Court for the entry of a decree directing that such paper writing be admitted to probate as the last will and testament of the decedent. In our opinion, no proof at all was adduced to warrant the submission to the jury of the issues of restraint or undue influence. Lazansky, P. J., Adel and Taylor, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm.

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Decree of the Surrogate’s Court, Queens county, denying admission to probate of a paper writing bearing date the 28th day of September, 1937, as the last will and testament of decedent, on the ground that the execution of the paper was the result of undue influence practiced upon the decedent, reversed on the law and the facts, with costs to the appellant, payable out of the estate, and matter remitted to the Surrogate’s Court for the entry of a decree directing that such paper writing be admitted to probate as the last will and testament of the decedent. In our opinion, no proof at all was adduced to warrant the submission to the jury of the issues of restraint or undue influence. Lazansky, P. J., Adel and Taylor, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm.

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Bluebook (online)

255 A.D. 882, 7 N.Y.S.2d 906, 1938 N.Y. App. Div. LEXIS 5747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proving-the-last-will-testament-of-schaetz-nyappdiv-1938.