Appellate Division of the Supreme Court of New York, 1941

In re Proving the Last Will & Testament of Stone

In re Proving the Last Will & Testament of Stone
Appellate Division of the Supreme Court of New York · Decided July 2, 1941
262 A.D. 937; 29 N.Y.S.2d 395; 1941 N.Y. App. Div. LEXIS 6529
In re Proving the Last Will & Testament of Stone

Opinion of the Court

Decree and order affirmed, without costs. All concur, except Crosby, P. J., and Cunningham, J., who dissent and vote for reversal and a new trial on the ground that the finding that testatrix was competent to make a will is against *938the weight of the evidence. (The decree admits the will of decedent to probate, after trial before jury in Supreme Court. The order denies motion of contestants to set aside verdict and for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.

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