MATTER OF BEATTY


285 A.D. 1149 (1955)

In the Matter of the Probate of The Will of Arthur J. Beatty, Deceased. George A. Beatty, Appellant; Eileen B. Westfield, Respondent

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

May 2, 1955.


The findings implied by the verdict are reversed.

The evidence establishes without dispute that the testator had the capacity to and did understand the effect of the will and that it represents his desire in the disposition of his property. At the time of the execution of the will the decedent was suffering an acute heart condition and was about to be taken to the hospital where he died some nine days later. All the positive...

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