MATTER OF RIZZO


32 A.D.2d 607 (1969)

In the Matter of the Probate of The Will of Rosa Rizzo, Deceased

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

April 3, 1969


Decree and order insofar as appealed from unanimously reversed on the law and facts and a new trial granted on the question of whether the will was the product of fraud or undue influence, with costs to abide the event.

Memorandum:

There was no evidence of fraud and the evidence as to undue influence was circumstantial and not substantial enough to sustain the jury's finding. We believe, however, that under the circumstances contestants should be given an...

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