MATTER OF COMERFORD


281 A.D. 714 (1952)

In the Matter of the Probate of The Will of Thomas J. Comerford, Deceased. City Bank Farmers Trust Company et al., Respondents; Walter L. Vaughan, Sr., et al., Appellants

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

December 29, 1952.


Decree, insofar as appeal is taken, unanimously affirmed, with costs to respondents and to the special guardian, payable out of the estate. No opinion. Order denying contestant's motion, under section 278 of the Surrogate's Court Act, reversed on the law and the facts, without costs, and the motion granted, without costs.

Under all the facts and circumstances, it should have been found that the contest was made in good faith, and the motion should have...

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