MATTER OF McCHESNEY


278 A.D. 607 (1951)

In the Matter of the Probate of The Will of Lilian G. McChesney, Deceased. Mary L. Brown et al., Appellants; National Commercial Bank and Trust Company of Albany, Respondent

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

January 10, 1951.


The evidence establishes testamentary capacity at the date of the execution of the will in question, which was, therefore, properly admitted to probate.

Decree affirmed, with costs to all parties filing briefs payable out of the estate.

Heffernan, J., dissents in the following memorandum:

I dissent and vote to reverse the decree of the Surrogate of Albany County in admitting to probate the last will and testament of deceased. In my opinion...

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