MATTER OF PHILLIPS


198 Misc. 879 (1950)

In the Matter of the Probate of The Will of Alice E. Phillips, Deceased.

Surrogate's Court, Monroe County.

November 22, 1950.


Attorney(s) appearing for the Case

Charles B. Bechtold for Charles B. O'Connell, as nominated executor of Alice E. Phillips, deceased, proponent.

Edward J. Ryan for Elizabeth McB. Weingarth, contestant.

Timothy J. Nichan and David R. Levin for Lena Hatcliffe and others, contestants.


WITMER, S.

Proponent has moved for a decree of probate of the will of Alice E. Phillips, deceased, upon the remittitur from the Court of Appeals, and respondent Lena Hatcliffe objects and claims a right to a new trial. Upon the trial by jury of the objections to the probate of the propounded will, at the end of contestants' case the court dismissed the objections as to due execution and competency of testatrix...

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