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MATTER OF BAUER

278 A.D. 658 (1951)

In the Matter of the Probate of The Will of Else Bauer, Deceased. Betty Henninger, Appellant; John Bauer, Respondent

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

February 13, 1951.

Under the circumstances, it is suggested that the trial of the issues of fact herein be had, pursuant to section 10 of the Surrogate's Court Act, before the Special Term of the Supreme Court, Queens County. Under the facts in this case, and particularly in the absence of issue, the presumption of the validity of the second marriage is not so strong as to require the appellant to adduce express proof that all of the contingencies which...

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