MATTER OF BERTOLATUS


280 A.D. 871 (1952)

In the Matter of The Estate of Edward B. Bertolatus, Deceased. Jeanne E. Heer, Appellant; Elizabeth Bertolatus, Respondent

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

July 7, 1952.


Decree reversed on the law and the facts, with costs to appellant, payable out of the estate, and the matter remitted to the Surrogate's Court for the entry of a decree granting appellant's petition.

The evidence established that in 1936 deceased lived in Mount Vernon, N. Y., with respondent and their children. Deceased was a meek person, was not a drinking man, was not addicted to the use of bad language, and was well-liked by his associates. In June, 1936, respondent...

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