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MATTER OF PULVERMACHER

305 N.Y. 378 (1953)

In the Matter of the Probate of The Will of Robert Pulvermacher, Deceased. Isidore Pech et al., Respondents; Phyllis Altman et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1953

Attorney(s) appearing for the Case

Bertram H. Siegeltuch and Walter M. Weisberg for Phyllis Altman and another, appellants.

Abraham Zemlock, Albert J. Zemlock and Samuel Gewirtz for Esther Feinberg and others, appellants.

Homer I. Harris and Samuel L. Zuckerman for Isidore Pech, respondent.

Edward B. Schulkind and Irving M. Maron for Helen Marcin, respondent.

LEWIS, Ch. J., CONWAY, DESMOND and DYE, JJ., concur with FULD, J.; FROESSEL, J., dissents and votes to affirm on the prevailing opinion of the Appellate Division.

FULD, J.

The courts below have disagreed on whether decedent, Robert Pulvermacher, published his holographic will in compliance with the statutory mandate that a testator "declare the instrument * * * subscribed, to be his last will and testament" at the time that he signs or acknowledges it (Decedent Estate Law, § 21, subd. 3).

In January of 1949, Pulvermacher, while in the safe-deposit vault of...

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