In re the Probate of the Will of Dix — 13 N.Y.2d 846

Majority

p. 846

In the Matter of the Probate of the Will of Monroe L. Dix, Deceased. David C. Anchin, Proponent-Appellant-Respondent; Rose Selby, Contestant-Respondent-Appellant; Elynor M. Dix, Appellant.

Argued June 3, 1963;

decided July 10, 1963.

p. 847

Samuel Gottlieb, Abraham Wilson, Jumes E. Brearton and Harry Giesow for proponent-appellant-respondent.

George J. Kirsch for contestant-respondent-appellant.

Edward G. Billon for appellant.

Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate. The jury verdict of fraud and undue influence reversed by the Appellate

p. 848

Division as against the weight of the evidence leaves snch issues as much open in a new litigation as they would have been on a new trial had one been necessary here. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.