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In re Proving the Last Will & Testament of Southard

181 A.D. 955 Court N.Y. App. Div. English

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p. 955
In the Matter of Proving the Last Will and Testament of Gilbert Southard, Deceased. James H. Russell and Lulu V. Scofield, as Executors, etc., Appellants; Augusta Pascal, Respondent.

Decree of the Surrogate’s Court of Dutchess county reversed, without costs, and new trial ordered, upon the ground that there is not sufficient evidence to sustain the finding that the will was procured by undue influence on the part of James H. Russell. Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.