In re Armstrong's Will — 123 N.Y.S. 1105

Majority

p. 1105

In re ARMSTRONG’S WILL.

(Supreme Court, Appellate Division, Fourth Department.

March 29, 1910.)

Headnote

In the matter of the probate of the last will and testament of Harriette C. Armstrong, deceased.

Decree of Surrogate’s Court reversed, upon questions of fact, with costs to appellant to abide event, payable out of the estate, and á trial of the following issues of fact directed to be had, as provided by section 2588 of the Code of Civil Procedure, by and before a jury of the Supreme Court at a Trial Term thereof to be convened at Geneseo, in and for the county of Livingston, on the first Monday in May, 1910, to wit: (1) Was the execution of the alleged will of Harriette C. Armstrong, bearing date January 2, 1902, procured by fraud or deceit practiced upon her? (2) Was the execution of said alleged will procured by undue influence practiced upon her? (3) Was the execution of the codicil to said alleged will procured by fraud or deceit practiced upon said Harriette C. Armstrong? (4) Was the execution of the codicil to said alleged will procured by undue influence practiced upon her?

WILLIAMS, J., dissents, and votes for affirmance.