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MATTER OF O'BRIEN

204 A.D.2d 983 (1994)

614 N.Y.S.2d 94

In the Matter of The Estate of Richard J. O'Brien, Deceased. Paula H. O'Brien, Appellant; Janet O. Nevins, Respondent. (Appeal No. 1.)

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

May 27, 1994

Decree modified on the law and as modified affirmed without costs and matter remitted to Niagara County Surrogate's Court for further proceedings in accordance with the following Memorandum: The record supports the jury's verdict that decedent's will was procured by the undue influence exercised by proponent (see generally, Matter of Walther, 6 N.Y.2d 49; Matter of Anna, 248 N.Y. 421). Therefore, the Surrogate properly...

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