Appellate Division of the Supreme Court of New York, 1946

In re the Probate of the Will of Nowak

In re the Probate of the Will of Nowak
Appellate Division of the Supreme Court of New York · Decided June 26, 1946
270 A.D. 1075; 63 N.Y.S.2d 848; 1946 N.Y. App. Div. LEXIS 5357
In re the Probate of the Will of Nowak

Opinion of the Court

Decree reversed on the facts and a new trial granted, without costs of this appeal to any party, on the ground that the finding that decedent lacked testamentary capacity is against the weight of evidence. All concur. (The decree denies probate to a will, and denies proponent’s motion to set aside the verdict and for a new trial.) Present — Taylor, P. J., Dowling, Harris, Larkin and Love, JJ. [183 Misc. 1077.]

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