MATTER OF JOHNSON


277 A.D. 1130 (1950)

In the Matter of the Probate of The Will of Joseph O. Johnson, Deceased. Joseph A. Keleher et al., Appellants; Rose Wetzler et al., Respondents

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

December 11, 1950.


The finding that the execution of the paper writing was caused or procured by undue influence is reversed. The proof was insufficient to present a triable issue as to undue influence. There is no proof that the two women alleged to have exerted undue influence, did, in fact, ever attempt to influence the testator in any manner with respect to making or not making a will. One of them served as a subscribing witness to a will executed by the testator in which neither of them...

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