In re the Probate of the Will of Becker

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Becker

21 A.D.2d 849, 251 N.Y.S.2d 172, 1964 N.Y. App. Div. LEXIS 3444

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

DecidedJune 25, 1964

StatusPublished

This text of 21 A.D.2d 849 (In re the Probate of the Will of Becker) 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 Will of Becker, 21 A.D.2d 849, 251 N.Y.S.2d 172, 1964 N.Y. App. Div. LEXIS 3444 (N.Y. Ct. App. 1964).

Pincite

Opinion

Decree and order unanimously reversed on the law and matter remitted to the Surrogate’s Court of Erie County for further proceedings in accordance with the Memorandum, without costs of this appeal to any party. Memorandum: There is no evidence on the issue of undue influence sufficient to present a question of fact for the jury. The proponent’s motion for a directed verdict on this issue should have been granted. (Matter of Walther 6 N Y 2d 49.) The will should be admitted to probate. (Appeal by petitioner, Irving F. Schroeder, from a decree of Erie Surrogate’s Court denying probate of the last will and testament of Lina Becker, deceased; also appeal from an order of Erie Trial Term denying petitioner’s motion to set aside verdict and for a new trial.) Present — Wilil-ams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.

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Decree and order unanimously reversed on the law and matter remitted to the Surrogate’s Court of Erie County for further proceedings in accordance with the Memorandum, without costs of this appeal to any party. Memorandum: There is no evidence on the issue of undue influence sufficient to present a question of fact for the jury. The proponent’s motion for a directed verdict on this issue should have been granted. (Matter of Walther 6 N Y 2d 49.) The will should be admitted to probate. (Appeal by petitioner, Irving F. Schroeder, from a decree of Erie Surrogate’s Court denying probate of the last will and testament of Lina Becker, deceased; also appeal from an order of Erie Trial Term denying petitioner’s motion to set aside verdict and for a new trial.) Present — Wilil-ams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.

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Bluebook (online)

21 A.D.2d 849, 251 N.Y.S.2d 172, 1964 N.Y. App. Div. LEXIS 3444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-becker-nyappdiv-1964.