MATTER OF MITTELSTAEDT


280 A.D. 163 (1952)

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 6, 1952.


Attorney(s) appearing for the Case

John Goodrum Miller for appellant.

Albert I. Collens of counsel (Myron J. Kleban with him on the brief), for respondent.

PECK, P. J., COHN and HEFFERNAN, JJ., concur.


VAN VOORHIS, J.

This proceeding has been before the Appellate Division upon an appeal from a prior decree denying probate to the same will. The earlier decree was reversed, and a new trial granted (278 App. Div. 231). It comes here now on appeal from a decree denying probate after the second trial.

The controversy arises from the fact that the decedent's will was executed in duplicate. The draftsman, an...

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