In re Redmond

Appellate Division of the Supreme Court of New York

In re Redmond

243 A.D. 812

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Appeal by the contestants, Sisters of the Poor of St. Francis (St. Anthony’s Hospital) and Marcella Carr, from a decree of the Surrogate’s Court, Kings county, filed April 6, 1934, admitting to probate as the last will and testament of Annie Hughes, deceased, a paper writing dated October 23,1933, upon a directed verdict. Decree of the Surrogate’s Court of Kings county affirmed, with costs, payable out of the estate, to all parties appearing and filing briefs. No opinion. Lazansky, P. J., Carswell and Johnston, JJ., concur; Young and Seudder, JJ., dissent, being of the opinion that the question of undue influence should have been submitted to the jury.

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Appeal by the contestants, Sisters of the Poor of St. Francis (St. Anthony’s Hospital) and Marcella Carr, from a decree of the Surrogate’s Court, Kings county, filed April 6, 1934, admitting to probate as the last will and testament of Annie Hughes, deceased, a paper writing dated October 23,1933, upon a directed verdict. Decree of the Surrogate’s Court of Kings county affirmed, with costs, payable out of the estate, to all parties appearing and filing briefs. No opinion. Lazansky, P. J., Carswell and Johnston, JJ., concur; Young and Seudder, JJ., dissent, being of the opinion that the question of undue influence should have been submitted to the jury.

In re Redmond, 243 A.D. 812 (N.Y. Ct. App. 1935).

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