MATTER OF MITTELSTAEDT


278 A.D. 231 (1951)

In the Matter of the Probate of The Will of Emma T. Mittelstaedt, Deceased. Harriet A. Mittelstaedt, Appellant; Edward L. Mittelstaedt, Respondent

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

May 15, 1951.


Attorney(s) appearing for the Case

John Goodrum Miller for appellant.

Albert I. Collens for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The decedent died on October 20, 1949. Her will, dated June 4, 1921, has been denied probate. The Surrogate dismissed the petition for probate at the close of the proponent's case and ruled that there were no issues of fact for submission to the jury.

The draftsman of the will, an attorney, testified that he had a custom of drawing wills in duplicate and having both counterparts executed in accordance...

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