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MATTER OF TOWNSEND

280 A.D. 877 (1952)

In the Matter of the Probate of The Will of Jean Townsend, Deceased. Philip L. Zenner et al., Appellants; Otto Townsend et al., Respondents

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

July 9, 1952.

Decree, insofar as appealed from, and order affirmed, with costs.

All concur, except Wheeler, J., who dissents and votes for reversal and for granting a new trial in the following memorandum:

A careful consideration of this amazing record leads me to the conclusion that the verdict of the jury was in no small part based on suspicion, prejudice and conjecture. The finding, if made, that the signature on Exhibit 1 was not the genuine signature of...

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