Hyperlawhypertext legal database In re the Probate of the Will of Nicholas 244 N.Y. 531

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In re the Probate of the Will of Nicholas

244 N.Y. 531 Court N.Y. Decision date 1926-12-31 English

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p. 531
In the Matter of the Probate of the Will of George S. Nicholas, Deceased. Grosvenor Nicholas, Appellant; Farmers Loan and Trust Company et al., Respondents.

Headnote

Will — probate — objection to probate on grounds of ■ fraud, undue influence and mental incompetency.
Matter of Nicholas, 216 App. Div. 399 , affirmed.
(Argued November 22, 1926;
decided December 31, 1926.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 16, 1926, which affirmed a decree of the Suffolk County Surrogate’s Court setting aside the verdict of a jury and admitting to probate an instrument propounded as the last will and testament of George S. Nicholas, deceased. There was objection to probate upon the grounds of alleged fraud, undue influence and mental incompetency of testator.
Nathan L. Miller, George H. Furman, William H. Bobbins and Joseph S. Frank for appellant.
William H. Button, Nathan 0. Petty, John C. Townsend and Samuel Biker, Jr., for respondents.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Pound, McLaughlin and Crane, JJ. Dissenting: Hiscock, Ch. J., Andrews and Lehman, JJ., on ground question of fact was presented by the evidence.