MATTER OF BARNES


284 A.D. 743 (1954)

In the Matter of the Probate of The Will of Clarence A. Barnes, Deceased. Alice Keisinger et al., Appellants; Joseph De Santo et al., as Executors of Clarence A. Barnes, Deceased, Respondents

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

October 27, 1954.


Attorney(s) appearing for the Case

Philip L. Zenner for appellants.

John W. Miles and John C. Carmer, Jr., for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.


McCURN, P. J.

Objections were filed to the probate of the will of the testator and thereafter a jury trial was had before the Surrogate on framed questions as to testamentary capacity and undue influence. The jury answered the questions in favor of the proponents and thereafter a decree admitting the will to probate was entered in the Surrogate's Court. The order appealed from denies a motion in Surrogate's Court...

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