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Erwin v. Lutman

156 A.D. 924 Court N.Y. App. Div. English

Contents

Majority

p. 924
Arthur H. Erwin, Individually and as Trustee, etc., Respondent, v. Harriet L. Lutman, individually and as Executrix, etc., and Others, Appellants.

Interlocutory judgment reversed and the verdict of the

p. 925
j ury set aside and a new trial granted, upon questions of law and fact, with costs to appellants to abide event. Held, that the verdict of the jury and the finding of the trial court, that the deed was procured to be executed and delivered by means of fraud and undue influence practiced upon the grantor, are contrary to and against the weight of the evidence. All concurred; McLennan, P. J., not sitting.