In re Proving the Will of Herrmann 219 N.Y. 567

In the Matter of Proving the Will of Magdalena Herrmann, Deceased. Adam Stein et al., Appellants; William Ohming, Jr., as Executor of George H. Herrmann and of Frederick E. Herrmann, Deceased, et al., Respondents.

Matter of Herrmann, 172 App. Div. 907, affirmed.

(Argued October 5, 1916;

decided October 24, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 19.16, which affirmed a decree of the New York County Surrogate’s Court denying probate to a writing propounded as the last will of Magdalena Herrmann, deceased, upon the ground that fraud or undue Influence was exercised upon the testatrix.

*568George Gordon Battle and Gustav Goodmann for appellants.

Gilbert D. Lamb, James W. Osborne and John B. Quintín for respondents.