MATTER OF HENDERSON


80 N.Y.2d 388 (1992)

In the Matter of Christine D. Henderson, Deceased. Irvin Husin, Respondent; Catherine Alsterlund, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1992.


Attorney(s) appearing for the Case

Bertine, Hufnagel, Headly & Zeltner, Scarsdale (Stephen Hochhauser of counsel), for appellant.

Weinstein, Kaplan & Cohen, P. C., Great Neck (Robert N. Cohen of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, HANCOCK, JR., BELLACOSA and SMITH concur.


TITONE, J.

The objectant in this probate proceeding, the testatrix' sister, contends that the testatrix' will is invalid because it was the product of fraud and undue influence on the part of the testatrix' attorney, the will's primary beneficiary. At this point in the litigation, the only issue is whether the objectant's allegations are sufficient to warrant a hearing into the validity of her claim. Although...

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