MATTER OF QUINN


282 A.D. 1049 (1953)

In the Matter of the Probate of The Will of William J. Quinn, Deceased. Joan A. Quinn, Appellant; Caroline Whitney, as Executrix of William J. Quinn, Deceased, Respondent

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

December 7, 1953.


Decree reversed on the law and new trial ordered, with costs to appellant to abide the event, payable out of the estate.

The testimony as to the presence of the testator in the Municipal Court at the time when the proponent claims he was in the office of the attorney executing the will raised an issue as to its due execution. It was for the jury to say whether the deceased was present at the time the witnesses placed their signatures on the paper. However, upon the...

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