MATTER OF TOWNSEND


305 N.Y. 422 (1953)

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

Court of Appeals of the State of New York.

Decided June 5, 1953


Attorney(s) appearing for the Case

William C. Martin and Philip L. Zenner, in person, for Philip L. Zenner, appellant.

Victor Levine, Norman M. Pinsky and Nicholas J. Changose for Elmer R. Cornish and another, appellants.

John J. Mahon for Otto Townsend and others, respondents.

Charles P. Ben, special guardian for Marvin O. Barrett, Jr., and another, infants, respondents.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

We assume, without deciding, that there is in this record a bare question of fact as to whether or not Mrs. Townsend signed this will. On the one hand, there is the testimony of the three attesting witnesses, and of a handwriting expert of thirty years' experience, supported by the fact that the will leaves testatrix' estate to her closest kin, and that its provisions are not unnatural, and are substantially...

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