MATTER OF YATES


8 A.D.2d 865 (1959)

In the Matter of the Probate of The Will of Margaret G. Yates, Deceased. Frederick Y. Borden, as Executor of Margaret G. Yates, Deceased, Appellant; Winchell G. Yates et al., Respondents

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

June 9, 1959


The jury found that at the time of the execution of the papers offered for probate that the alleged testatrix was not of sound mind and memory, and the execution of such paper was procured by fraud, deceit and undue influence. The Surrogate set aside the jury's answers to the questions propounded as to these matters, and correctly so we believe. The proof, as we read the record, was insufficient as a matter of fact and law to sustain a determination that the alleged testatrix...

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