Erwin v. Lutman — 141 N.Y.S. 1118

Majority

p. 1118

ERWIN, Respondent, v. LUTMAN et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

April 30, 1913.)

Headnote

Action by Arthur H. Erwin, individually and as trustee, etc., against Harriet L. Lutman, individually. and as executrix, etc., and others.

Interlocutory judgment reversed, the verdict of- the jury set aside, and a new trial granted, upon questions of law and fact, with costs to appellants to abide event. Held, that the verdict of the jury and the finding of the trial court that the deed was procured to be executed and delivered by means of fraud and undue influence practiced upon the grantor are contrary to and against the weight of the evidence.

McLENNAN, P. j., not sitting.