Appellate Division of the Supreme Court of the State of New York March 19, 1964 (In re the Probate of the Will of Kaufmann)

lead-opinion

McNally, J,

This will contest is limited to the issue of undue influence. The contestants are the distributees of, and the proponent is unrelated to, the decedent. Two juries have found undue influence. On the prior appeal, by a divided court, the decree denying probate was reversed and a new trial directed because of error (14 A D 2d 411).