MATTER OF COLBECK


45 A.D.2d 796 (1974)

In the Matter of the Probate of The Will of John F. Colbeck, Deceased. Laura Schwab, Respondent; Esther Tauzel et al., Appellants

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

June 25, 1974


Decedent died on July 7, 1971 at the age of 92, leaving a will dated March 28, 1969 by which each of his three daughters was bequeathed $4,000 and the residue was left to his housekeeper of 25 years, one Laura Schwab. Two of the daughters filed objections to the probate of such instrument on the grounds that decedent lacked testamentary capacity and the will was the product of undue influence. Following a jury trial upon these framed issues, the trial court directed a verdict...

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