In re the Probate of the Last Will & Testament of Posnansky

Appellate Division of the Supreme Court of New York

In re the Probate of the Last Will & Testament of Posnansky

234 A.D. 881

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

DecidedDecember 15, 1931

StatusPublished

This text of 234 A.D. 881 (In re the Probate of the Last Will & Testament of Posnansky) 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 the Probate of the Last Will & Testament of Posnansky, 234 A.D. 881 (N.Y. Ct. App. 1931).

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Opinion

Decree of the Surrogate’s Court of Richmond county admitting will to probate reversed upon the law and the facts and a new trial ordered, with costs, payable out of the estate, to the contestants, to abide the event, upon the ground that the contestants made out a prima facie case for submission to the jury. The issue of fraud and undue influence is dependent in this, as in many other eases, upon circumstantial evidence, and we are of opinion that there should have been greater liberality in the admission of testimony that would tend to indicate the relations between the testatrix and the proponent. There were also other rulings that bore upon the alleged fraud, and which upon a new trial may be avoided. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

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Decree of the Surrogate’s Court of Richmond county admitting will to probate reversed upon the law and the facts and a new trial ordered, with costs, payable out of the estate, to the contestants, to abide the event, upon the ground that the contestants made out a prima facie case for submission to the jury. The issue of fraud and undue influence is dependent in this, as in many other eases, upon circumstantial evidence, and we are of opinion that there should have been greater liberality in the admission of testimony that would tend to indicate the relations between the testatrix and the proponent. There were also other rulings that bore upon the alleged fraud, and which upon a new trial may be avoided. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

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Bluebook (online)

234 A.D. 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-last-will-testament-of-posnansky-nyappdiv-1931.