MATTER OF JOHNSON


3 A.D.2d 807 (1957)

In the Matter of the Probate of The Will of Maude Johnson, Deceased. Ada Ostrander, Appellant; Howard Coppins, Respondent

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

March 6, 1957


Decree and order reversed on the law and matter remitted to the Surrogate's Court for further proceedings in accordance with the memorandum.

Memorandum:

In a case where reasonable inferences may be drawn from the evidence that the purported will did not represent the dispositive purpose or intent of the testator, the case is one for the jury to determine. Here, we think a question of fact was present as to whether the will propounded was in fact freely and...

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