In re Bain — 257 A.D. 992

Majority

p. 992

In the Matter of the Petition of Carleton F. Bain and Robert F. Copeland to Prove a Paper Writing as the Last Will and Testament of William V. Breene, Deceased. Carleton F. Bain and Robert F. Copeland, as Executors Named in the Last Will and Testament of William V. Breene, Deceased, Respondents; Grace E. Foye, Appellant.

Appeal by contestant from a decree of the Surrogate’s Court, Westchester county, admitting a script to probate as the last will and testament of the decedent and from an order denying her motion to set aside the verdict, as directed, and for a new trial. Decree and order unanimously affirmed, with costs, payable to the respondents out of the estate. The evidence did not disclose a situation from which any presumption of inequality arose. There was no evidence adduced which would warrant a submission to a jury of an issue of restraint, undue influence or fraud. (Cowee v. Cornell, 75 N. Y. 91 , 99; Matter of Henderson, 253 App. Div. 140 , 145; Matter of Streb, 247 id. 556; Matter of Springsted, 55 Hun, 603 ; 8 N. Y. Supp. 596 .) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

Cases cited

Cowee v. Cornell 75 N. Y. 91 N.Y. 1878-11-12 at 99 p. 992