In Re the Probate of the Will of Morrison

296 N.Y. 652 | NY | 1946

Order of Appellate Division affirmed, with costs to contestants payable out of the estate. Since probate was properly denied for lack of testamentary capacity, we neither consider nor decide whether the will propounded was procured through undue influence and fraud. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.