IN RE ESTATE OF LEHNER


70 N.J. 434 (1976)

360 A.2d 383

IN THE MATTER OF THE ESTATE OF JENNY OLGA LEHNER.

The Supreme Court of New Jersey.

Decided June 22, 1976.


Attorney(s) appearing for the Case

Mr. Irving C. Evers argued the cause for appellant.

Mr. Harold L. Jacobs and Mr. Gary D. Barton argued the cause for respondents (Mr. Barton of counsel and on the brief; Mr. Jacobs, attorney).


PER CURIAM.

This is a will contest. The plaintiffs sought to set aside the judgment of the Surrogate admitting the will to probate on the ground that the will was the product of undue influence upon the decedent. The trial court, however, upheld the validity of the will. On appeal, the Appellate Division, with one judge dissenting, set aside the probate of the will holding that the trial court failed "to give effect to the presumption of undue influence which was...

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