
    In the Matter of the Probate of the Will of Sophia Goers, Deceased. Julius Goers, Appellant; Emma J. Whyte, Respondent.
    
      Will — objections to probate on the ground of incapacity and undue influence properly overruled.
    
    
      Matter of Goers, 199 App. Div. 953, affirmed.
    (Argued April 16, 1923;
    decided May 1, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 16, 1921, which reversed a decree of the Monroe County Surrogate’s Court admitting to probate the will of Sophia Goers, deceased. The will gave $100 to a son and the balance of the estate to a daughter with whom testatrix had resided for over two years before her death. The validity of the will was questioned upon the grounds of incapacity and undue influence. The Appellate Division held: “ The undisputed evidence shows that the testatrix was competent to make the will, and the contestant failed to make out a case of undue influence.”
    
      Eugene Van Voorhis for appellant.
    
      Ernest C. Whitbeck for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  