MATTER OF HARPER


18 A.D.2d 985 (1963)

In the Matter of the Probate of The Will of Ethel Harper, Deceased. First National City Trust Company, Appellant; Florence H. Colby et al., Respondents

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

March 12, 1963


Decree, denying probate, unanimously reversed, on the law and on the facts, with costs to all parties filing briefs payable out of the estate, and a new trial directed on the issue of testamentary capacity.

The learned Surrogate properly directed a verdict on framed issues one, two and three which involved the validity of the execution of the will; issue five which pertained to undue influence; and issue six which pertained to fraud. The fourth issue of testamentary...

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