MATTER OF O'BRIEN


277 A.D. 959 (1950)

In the Matter of the Probate of The Will of Dennis O'Brien, Deceased. Clarence O'Brien et al., Appellants; Nellie G. O'Brien et al., Respondents

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

September 21, 1950.


Appellants' "Sixth" objection is that the instrument offered for probate was revoked by another and valid will which the testator executed subsequently. The order appealed from among other things directs appellants to furnish, as respects the latter will which they allege, its "date, place, names of witnesses, and terms", and also whether it is presently in existence or was in existence at the time of the testator's death. We construe the quoted words to refer to the time...

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