Appellate Division of the Supreme Court of New York, 1948

In re the Estate of Miller

In re the Estate of Miller
Appellate Division of the Supreme Court of New York · Decided October 18, 1948
274 A.D. 883; 83 N.Y.S.2d 247; 1948 N.Y. App. Div. LEXIS 3865
In re the Estate of Miller

Opinion of the Court

The proof adduced in this case to support appellant’s contention is stronger than the evidence in Shea v. Shea (294 N. Y. 909, revg. 268 App. Div. 677, on the grounds stated in the dissenting opinion of Mr. Justice Johnston in the Appellate Division). Decree unanimously reversed and the petition dismissed, with costs to the appellant payable out of the estate. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.

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