In re Proving the Last Will & Testament of Finnegan

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Finnegan

263 A.D. 840, 32 N.Y.S.2d 118, 1941 N.Y. App. Div. LEXIS 5208

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1941·Published

Opinion

Appeal from a decree of the Surrogate’s Court of Queens County admitting a will and codicil to probate upon a directed verdict. Decree, in so far as appealed from, affirmed, with costs to respondent Balser payable out of the estate. No opinion. Hagarty, Carswell, Johnston and Adel, JJ., concur; Lazansky. P. J.. dissents and votes to reverse and to deny probate to the will and codicil, with the following memorandum: The proof shows that the will and codicil were not published to McLellan, whose name is appended as a witness thereto.

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Appeal from a decree of the Surrogate’s Court of Queens County admitting a will and codicil to probate upon a directed verdict. Decree, in so far as appealed from, affirmed, with costs to respondent Balser payable out of the estate. No opinion. Hagarty, Carswell, Johnston and Adel, JJ., concur; Lazansky. P. J.. dissents and votes to reverse and to deny probate to the will and codicil, with the following memorandum: The proof shows that the will and codicil were not published to McLellan, whose name is appended as a witness thereto.

In re Proving the Last Will & Testament of Finnegan, 263 A.D. 840, 32 N.Y.S.2d 118, 1941 N.Y. App. Div. LEXIS 5208 (N.Y. Ct. App. 1941).

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