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MATTER OF SCHRUTT

206 A.D.2d 851 (1994)

615 N.Y.S.2d 204

In the Matter of The Estate of Harold Schrutt, Also Known as Harold H. Schrutt, Deceased. Joan S. O'Meara et al., Appellants; Harold Schectman et al., Respondents

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

July 15, 1994

Decree unanimously affirmed without costs.

Memorandum:

Objectants' contention that Surrogate's Court erred in granting proponents' motion for a directed verdict is without merit. The court granted a directed verdict with respect to both "fraud and undue influence", although the objection based on fraud was not included in the court's amended order framing the issues for trial. To the extent, however, that the objection...

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