MATTER OF NUERGE


18 A.D.2d 939 (1963)

In the Matter of The Estate of Ernst Nuerge, Sr., Deceased. Theresia M. N. Jebens et al., Respondents, Ernest Nuerge, Jr., et al., Appellants

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

February 25, 1963


Decree reversed on the law and the facts, and a new trial granted as to the issues of testamentary capacity, fraud and undue influence, with costs to the contestants payable out of the estate.

In our opinion, it was prejudicial error for the learned Surrogate to exclude the evidence which was sought to be introduced by the contestants; the Surrogate also unduly restricted the examination and cross-examination of witnesses called by contestants. In the interests of...

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