In re the Probate of the Will of Rizzo

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Rizzo

32 A.D.2d 607, 299 N.Y.S.2d 950, 1969 N.Y. App. Div. LEXIS 4286

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

DecidedApril 3, 1969

StatusPublished

This text of 32 A.D.2d 607 (In re the Probate of the Will of Rizzo) 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 Rizzo, 32 A.D.2d 607, 299 N.Y.S.2d 950, 1969 N.Y. App. Div. LEXIS 4286 (N.Y. Ct. App. 1969).

Pincite

Opinion

Decree and order insofar as appealed from unanimously reversed on the law and fact® and a new trial granted on the question of whether the will was the product of fraud or undue influence, with costs to abide the event. Memorandum : There was no evidence of fraud and the evidence as to undue influence was circumstantial and not substantial enough to sustain the jury’s finding. We believe, however, that under the circumstances contestants should be given an opportunity to retry the issue of fraud and undue influence. (Appeal from decree and order of Erie Surrogate’s Court, denying probate of will; order denied motion ,to set aside verdict.) Present—Goldman, P. J., Del Vecchio, Witmer, Moule and Bastow, JJ.

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Decree and order insofar as appealed from unanimously reversed on the law and fact® and a new trial granted on the question of whether the will was the product of fraud or undue influence, with costs to abide the event. Memorandum : There was no evidence of fraud and the evidence as to undue influence was circumstantial and not substantial enough to sustain the jury’s finding. We believe, however, that under the circumstances contestants should be given an opportunity to retry the issue of fraud and undue influence. (Appeal from decree and order of Erie Surrogate’s Court, denying probate of will; order denied motion ,to set aside verdict.) Present—Goldman, P. J., Del Vecchio, Witmer, Moule and Bastow, JJ.

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Bluebook (online)

32 A.D.2d 607, 299 N.Y.S.2d 950, 1969 N.Y. App. Div. LEXIS 4286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-rizzo-nyappdiv-1969.