MATTER OF ORAM


281 A.D. 938 (1953)

In the Matter of the Probate of The Will of Bertha Oram, Deceased. Max Zuckerman, Respondent; Lena Sanborn, Appellant

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

March 18, 1953.


Several objections to probate were filed. Contestant finally withdrew all but two. The first question left was whether decedent was under restraint; and the second was whether the will was procured by fraud, deceit and undue influence. A jury was impaneled and at the conclusion of testimony the Surrogate directed the jury to answer both questions in the negative. Appellant contends here that the testimony raised triable issues of fact which should have been submitted to the...

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