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Appellate Division of the Supreme Court of New York, 1949

In re the Probate of the Will of Nichols

In re the Probate of the Will of Nichols
Appellate Division of the Supreme Court of New York · Decided June 13, 1949
275 A.D.2d 950
In re the Probate of the Will of Nichols

Opinion of the Court

No opinion. Eolan, P. J., Adel and MacCrate, JJ., concur; Johnston, J., and Sneed, J., dissent and vote to reverse the decree and to admit the instrument to probate as the last will and testament of decedent, with the following memorandum: The determination that the testatrix lacked testamentary capacity is against the weight of the credible evidence. (Matter of Beneway, 272 App. Div. 463; Matter of Goeb, 265 App. Div. 865, affd. 290 N. Y. 894.) [See 276 App. Div. 784.]

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