Appellate Division of the Supreme Court of New York, 1959

In re the Probate of the Will of Birch

In re the Probate of the Will of Birch
Appellate Division of the Supreme Court of New York · Decided December 21, 1959
9 A.D.2d 915; 195 N.Y.S.2d 608; 1959 N.Y. App. Div. LEXIS 5496
In re the Probate of the Will of Birch

Opinion of the Court

In a proceeding to probate a will, the appeal is from an order of the Surrogate’s Court, Kings County, denying appellants’ renewed motion to preclude respondent Mass from giving evidence with respect to her objection of undue influence, and directing appellants to accept service of said respondent’s bill of particulars, verified June 7, 1959. Order affirmed, with one bill of $10 costs and disbursements to respondent Mass and one bill of $10 c.osts and disbursements to appellants, payable out of the estate. No opinion. Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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