MATTER OF TEBIN


7 A.D.2d 720 (1958)

In the Matter of the Probate of The Will of Hermina Tebin, Also Known as Hermina Schorr, Deceased. Kazimierz Tebin, Appellant; Samuel S. Goodman, Respondent

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

December 11, 1958


Order unanimously reversed in the court's discretion and the proceeding in the Surrogate's Court stayed pending a determination of the Supreme Court action, without costs.

We believe the probate proceeding should be stayed until there has been a disposition of the Supreme Court action in which it is sought to impress a trust on certain property. The only question involved in the Surrogate's Court is whether there was fraud or undue influence in the execution of decedent...

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