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MATTER OF ARNOLD

200 Misc. 909 (1951)

In the Matter of the Probate of The Will of Frank F. Arnold, Deceased.

Surrogate's Court, New York County.

August 31, 1951.

Attorney(s) appearing for the Case

John R. Wendt for Manufacturers Trust Company, proponent.

Harold G. Aron and Alexander Chananau for Ada G. Dolan, contestant.

Woodson D. Scott for New York Times Company, respondent.

George W. Herz for John C. Glenn, Public Administrator of County of Queens, as administrator of the estate of Conrad Kestel, deceased, respondent.

Seymour J. Wilner, special guardian for Emily C. Arnold, an incompetent, respondent.

Joseph A. Cox for Francis J. Mulligan, Public Administrator of County of New York, as administrator of the estate of Reginald Graham, deceased, respondent.

James F. Mullay, as administrator of the estate of James B. Mullay, deceased, respondent in person.

Nathaniel L. Goldstein, Attorney-General (Kenneth D. Shearer of counsel), for indefinite beneficiaries.

COLLINS, S.

Objections to the admission of deceased's will to probate are interposed in this proceeding by his half sister who asserts that the testator was lacking in testamentary capacity solely because of the fact that he was unaware of her existence as the result of circumstances that placed them apart from infancy.

On a motion made by the proponent to dismiss the objections, Surrogate FRANKENTHALER...

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