MATTER OF WINTERS


198 Misc. 87 (1950)

In the Matter of the Probate of The Will of John Winters, Deceased.

Surrogate's Court, Bronx County.

May 23, 1950.


Attorney(s) appearing for the Case

Smith & Isaacs for Henry Winters and another, proponents.

James E. Kelliher, special guardian for Robert Winters and others.

Elfers & Trebing for John M. Winters, contestant.

Charles W. Ficke for St. Paul's Evangelical Lutheran Church of Tremont.


HENDERSON, S.

This is a motion for leave to file amended objections to the probate of a certain paper writing.

The proposed objections in the main, allege that the proponents by fraud and undue influence prevented the decedent herein from revoking the propounded paper.

These objections are insufficient in law.

A will can only be revoked by an actual compliance with the methods specified...

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