In the Matter of the Probate of the Will of Edward O. Kindberg, Deceased; August Reymert, Appellants; The…

Summary

The New York Court of Appeals affirmed the lower courts' decree admitting the 1908 will and rejecting the 1909 will, holding that errors in the admission or rejection of evidence on one of several jury questions do not require setting aside the entire verdict, that a legatee with an adverse interest may testify to personal transactions, that the trial court was correct in leaving witness credibility to the jury, and that the burden of proving undue influence remains with the party asserting it.