In re the Probate of Will of Clark — 215 N.Y. 623

Majority

p. 623

In the Matter of the Probate of the Will of William H. Clark, Deceased. Caroline F. Lester et al., Appellants; Seth C. Clark, Individually and as Executor, Respondent.

(Argued April 13, 1915;

decided May 4, 1915.)

Headnote

Matter of Clark, 160 App. Div. 908 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 31, 1913, which affirmed a decree of the Kings County Surrogate’s Court admitting to probate the will and codicil of William H. Clark, deceased. Objections had been filed upon the grounds that the testator did not execute the codicil; that he was not of sound mind or memory or mentally capable of making a

p. 624

codicil and that the codicil was procured by fraud and undue influence practiced upon the decedent by the respondent here.

Gustave Lange, Jr., and George B. Lester for appellants.

William J. Bolger for respondent.

Order affirmed, with costs; no opinion:

Concur: Werner, Hiscock, Chase, Collin, Hogan, Miller and Cardozo, JJ.