In re Proving the Will of Herrmann — 219 N.Y. 567

Majority

p. 567

In the Matter of Proving the Will of Magdalena Herrmann, Deceased. Adam Stein et al., Appellants; William Ohming, Jr., as Executor of George H. Herrmann and of Frederick E. Herrmann, Deceased, et al., Respondents.

Headnote

Matter of Herrmann, 172 App. Div. 907 , affirmed.

(Argued October 5, 1916;

decided October 24, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 19.16, which affirmed a decree of the New York County Surrogate’s Court denying probate to a writing propounded as the last will of Magdalena Herrmann, deceased, upon the ground that fraud or undue Influence was exercised upon the testatrix.

p. 568

George Gordon Battle and Gustav Goodmann for appellants.

Gilbert D. Lamb, James W. Osborne and John B. Quintín for respondents.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Cuddebaoic, Hogan, Carduzo and Pound, JJ. Absent: Willard Bartlett, Oh. J.