MATTER OF OGRODOWICZ


277 A.D. 944 (1950)

In the Matter of the Probate of The Will of Stanislaus F. Ogrodowicz, Deceased. Lottie Zak et al., as Executrices of Stanislaus F. Ogrodowicz, Deceased, Appellants; Anna Domino, Respondent

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

July 13, 1950.


Decree and order reversed on the law and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

The court charged in part: "If the opinion of the man claiming superior information in matters of handwriting is accepted, it follows that the two witnesses named in the will testified falsely upon matters as to which they inescapably knew the truth. That is the issue presented to you." We believe that the charge on that subject was erroneous...

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