Civil Procedure · MBE-tested

In the Matter of the Probate of the Will of Caroline C. Schintzius, Deceased. Frank P. Swartz, as Executor of Caroline C. Schintzius, Appelant; Rosa Heim et al., Respondents

2 A.D.2d 651·New York Supreme Court, Appellate Division·1956·NY

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Opinion

In the Matter of the Probate of the Will of Caroline C. Schintzius, Deceased. Frank P. Swartz, as Executor of Caroline C. Schintzius, Appelant; Rosa Heim et al., Respondents. [MAJORITY] Decree insofar as appealed from affirmed, without costs of this appeal to any party. All concur. (Appeal from part of a decree of Erie Surogate’s Court after trial of issues before Marsh, J., and a jury, at Erie Trial Term, adjudging that decedent was not free from restraint and that the execution of the purported will was procured by fraud, deceit and undue influence. ) Present — MeCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.