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MATTER OF SWING

276 A.D. 844 (1949)

In the Matter of the Probate of The Will of Julia Swing, Deceased. Nellie Sherman et al., Appellants; John P. Swing et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 5, 1949.

The findings of lack of competency and procurement of execution of the will by fraud and undue influence are reversed, and it is found that decedent was competent to make a will, which was executed without exercise upon her of fraud or undue influence. There was no proof at all of the exercise of fraud or undue influence. The proof was insufficient to present a triable issue as to lack of testamentary capacity. From the testimony...

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