FRISCHLING v. SCHRANK


24 A.D.2d 462 (1965)

Samuel Frischling, Respondent, v. Herbert Schrank et al., as Executors of Nathan Frischling, Deceased, Appellants

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

June 7, 1965


Judgment reversed on the law and the facts and in the exercise of discretion, and new trial granted, with costs to abide the event. The findings of fact implicit in the court's decision are reversed.

"`Public policy requires that claims against the estates of the dead should be established by very satisfactory evidence, and the courts should see to it that such estates are fairly protected against unfounded and rapacious...

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