MATTER OF HANDELMANN


76 Misc.2d 314 (1973)

In the Matter of The Estate of Anna Handelmann, Deceased.

Surrogate's Court, Bronx County.

December 3, 1973


Attorney(s) appearing for the Case

Lord, Day & Lord (Woodson D. Scott of counsel), for proponent. Otterbourg, Steindler, Houston & Rosen, P. C. (Leonard H. Moche of counsel), for contestant.


BERTRAM R. GELFAND, S.

In this contested probate proceeding after trial before the court and a jury, a verdict was rendered by the jury finding that at the time of execution of the propounded instrument the decedent lacked testamentary capacity and that the execution of the instrument was caused or procured by undue influence and fraud. The evidence adduced attributed the undue influence and fraud solely to proponent. The court adopted the verdict of...

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