In re the Probate of the Will of Johnson

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Johnson

3 A.D.2d 807, 160 N.Y.S.2d 303, 1957 N.Y. App. Div. LEXIS 6295

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

DecidedMarch 6, 1957

StatusPublished

This text of 3 A.D.2d 807 (In re the Probate of the Will of Johnson) 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 Johnson, 3 A.D.2d 807, 160 N.Y.S.2d 303, 1957 N.Y. App. Div. LEXIS 6295 (N.Y. Ct. App. 1957).

Pincite

Opinion

Decree and order reversed on the law and matter remitted to' the Surrogate’s Court for further proceedings in accordance with the memorandum. Memorandum: In a case where reasonable inferences may be drawn from the evidence that the purported will did not represent the dispositive purpose or intent of the testator, the case is one for the jury to determine. Here, we think a question of fact was present as to whether the will propounded was in fact freely and voluntarily made or executed by the testatrix, Maude Johnson, or was the product or result of undue influence practiced upon her by the two beneficiaries named in said paper executed by said Maude Johnson. In our opinion, it was error to direct a verdict. The decree admitting the will to probate is reversed on the law and the matter remitted to the Surrogate’s Court for a new trial before a jury. All concur. (Appeal from a decree of Onondaga Surrogate’s Court admitting a will to probate. The order is the intermediate order of the Surrogate directing a verdict of the jury in favor of proponent.) Present — McCurn, P. J., Vaughan, Kimball Williams and Bastow, JJ.

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Decree and order reversed on the law and matter remitted to' the Surrogate’s Court for further proceedings in accordance with the memorandum. Memorandum: In a case where reasonable inferences may be drawn from the evidence that the purported will did not represent the dispositive purpose or intent of the testator, the case is one for the jury to determine. Here, we think a question of fact was present as to whether the will propounded was in fact freely and voluntarily made or executed by the testatrix, Maude Johnson, or was the product or result of undue influence practiced upon her by the two beneficiaries named in said paper executed by said Maude Johnson. In our opinion, it was error to direct a verdict. The decree admitting the will to probate is reversed on the law and the matter remitted to the Surrogate’s Court for a new trial before a jury. All concur. (Appeal from a decree of Onondaga Surrogate’s Court admitting a will to probate. The order is the intermediate order of the Surrogate directing a verdict of the jury in favor of proponent.) Present — McCurn, P. J., Vaughan, Kimball Williams and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 807, 160 N.Y.S.2d 303, 1957 N.Y. App. Div. LEXIS 6295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-johnson-nyappdiv-1957.