MATTER OF PHILLIPS


276 A.D. 821 (1949)

In the Matter of the Probate of The Will of Alice E. Phillips, Deceased. Charles B. O'Connell et al., Appellants-Respondents; Elizabeth McB. Weingarth et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1949.


Decree insofar as appealed from by contestants affirmed; decree insofar as appealed from by proponents reversed on the law and facts and a new trial granted on the question of fraud and undue influence, with costs to proponents-appellants to abide the event.

Memorandum:

We think the Surrogate properly ruled that proponents had established that the will was duly executed and that decedent had sufficient mental capacity at the time the will was signed, and that...

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