In re the Estate of Kumstar

Appellate Division of the Supreme Court of New York

In re the Estate of Kumstar

105 A.D.2d 747, 481 N.Y.S.2d 179, 1984 N.Y. App. Div. LEXIS 21921

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1984·Published

Opinion

In a contested probate proceeding, the proponent of the purported will of the deceased Rose B. Kumstar, dated September 1, 1982 appeals from a decree of the Surrogate’s Court, Orange County (Green, J.), dated January 5,1984, which, after a jury trial, inter alia, denied probate to the purported will.

Decree affirmed, with costs payable by appellant personally.

The evidence on the record was sufficient to raise a jury question as to the issues of incompetence and undue influence, and there is no reason to disturb the jury’s findings. We have considered appellant’s other arguments and find them to be without merit. Moflen, P. J., Titone, Bracken and Rubin, JJ., concur.

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In a contested probate proceeding, the proponent of the purported will of the deceased Rose B. Kumstar, dated September 1, 1982 appeals from a decree of the Surrogate’s Court, Orange County (Green, J.), dated January 5,1984, which, after a jury trial, inter alia, denied probate to the purported will.

Decree affirmed, with costs payable by appellant personally.

The evidence on the record was sufficient to raise a jury question as to the issues of incompetence and undue influence, and there is no reason to disturb the jury’s findings. We have considered appellant’s other arguments and find them to be without merit. Moflen, P. J., Titone, Bracken and Rubin, JJ., concur.

In re the Estate of Kumstar, 105 A.D.2d 747, 481 N.Y.S.2d 179, 1984 N.Y. App. Div. LEXIS 21921 (N.Y. Ct. App. 1984).

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105 A.D.2d 747 (In re the Estate of Kumstar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.