MATTER OF BRUSH


1 A.D.2d 625 (1956)

In the Matter of the Probate of The Will of Ellyn H. Brush, Deceased. Katharine S. Hutchinson et al., Appellants; Linda Pringle, Respondent

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

June 12, 1956.


Attorney(s) appearing for the Case

Joseph G. Blum of counsel (Leanora S. Gruber with him on the brief; Blum, Jolles, Gruber, Szabad & Gersen, attorneys), for appellants.

Louis Zimmerman of counsel (Howard Zimmerman with him on the brief; Jack G. Lieberman, attorney), for respondent.


COX, J.

In this contested probate proceeding, the contestants appeal from the decree of the Surrogate's Court, New York County, admitting decedent's will to probate after a trial before the court and a jury on framed issues relating to testamentary capacity and undue influence.

The decedent died at the age of 83 years, survived by two distributees, a niece and a nephew, who are the contestants. Both niece...

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