MATTER OF IZYDORCZAK


285 A.D. 1011 (1955)

In the Matter of the Probate of The Will of Katherine Izydorczak, Also Known as Katarzyna Krawczyk, Deceased. Edmund J. Krawczyk, Sr., Appellant; Valentine Izydorczak, Respondent

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

March 16, 1955.


Decree reversed on the law, without costs of this appeal to any party, and a new trial granted.

Memorandum:

It was error for the Surrogate to allow proponent to prove declarations of the testatrix to establish the continued existence of her will shown otherwise to have been executed. (Matter of Kennedy,...

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