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MATTER OF EVANCHUK

145 A.D.2d 559 (1988)

In the Matter of The Estate of John Evanchuk, Deceased. Deidre Gerlach, Appellant; George Link, Respondent

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

December 19, 1988

Ordered that the decree is reversed, insofar as appealed from, on the law and as a matter of discretion in the interest of justice, the objection to probate on the ground of fraud is dismissed, and the matter is remitted to the Surrogate's Court, Queens County, for a new trial on the issue of undue influence only, with costs to abide the event.

The record reveals that Eleanor Gerlach commenced the instant proceeding to probate...

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