Appellate Division of the Supreme Court of New York, 1953

In re the Probate of the Will of Colby

In re the Probate of the Will of Colby
Appellate Division of the Supreme Court of New York · Decided March 11, 1953
281 A.D. 945; 120 N.Y.S.2d 249; 1953 N.Y. App. Div. LEXIS 3834
In re the Probate of the Will of Colby

Opinion of the Court

Decree affirmed, with costs. Memorandum: While we agree with appellants that the court erred in the exclusion of certain evidence, we reach the conclusion that if it had been received there would not have been sufficient evidence to present questions of fact to the jury on any of the framed issues. All concur. (Appeal from decree admitting the alleged last will of decedent to probate.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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