MATTER OF CARPEN


15 A.D.2d 773 (1962)

In the Matter of the Probate of The Will of Herman Carpen, Deceased. Murray Carpen, Appellant; David M. Potts, Respondent

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

February 27, 1962


Decree entered March 7, 1961 admitting to probate the last will and testament of decedent unanimously reversed on the law and the facts and a new trial, limited to the issue of undue influence, ordered with costs to abide the event, pursuant to section 283 of the Surrogate's Court Act. Entry and record of the jury's verdict upon the remaining issues is directed pursuant to section 309 of the Surrogate's Court Act.

The proof upon the trial raised an issue of fact whether...

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