MATTER OF WEINSTOCK


40 N.Y.2d 1 (1976)

In the Matter of The Estate of Julius Weinstock, Deceased. Abraham A. Katz et al., Respondents; Eva R. Usdan et al., Appellants.

Court of Appeals of the State of New York.

Decided May 13, 1976.


Attorney(s) appearing for the Case

Louis Levine for appellants.

Lawrence Waldman for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that in the circumstances disclosed by this record the Surrogate was warranted in concluding that there had been such a breach of their professional responsibility to the decedent as to require that the lawyers named as executors of his will be precluded from serving in that capacity.

The question is not whether the proof would be sufficient to sustain a finding of such undue influence...

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