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GELLERT v. LIVINGSTON

5 N.J. 65 (1950)

73 A.2d 916

IN THE MATTER OF THE APPEAL FROM THE PROBATE OF THE ALLEGED WILL OF ROBERT LIVINGSTON, DECEASED. ELSIE LIVINGSTON GELLERT, PLAINTIFF-APPELLANT, v. GERTRUDE A. LIVINGSTON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued May 22, 1950.

Decided June 19, 1950.

Attorney(s) appearing for the Case

Mr. Raymond G. Betsch argued the cause for the appellant.

Mr. George G. Tennant, Jr., argued the cause for the respondent.

The opinion of the court was delivered by ACKERSON, J.

The primary question for decision is whether the will of Robert Livingston, executed November 4, 1937, is void because of undue influence alleged to have been exerted upon the testator by his surviving wife, Gertrude A. Livingston.

The appeal is taken from a judgment of the Bergen County Court, Probate Division, which held that the aforesaid will was not the product of undue influence and affirmed the...

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