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MATTER OF WALTHER

2 A.D.2d 158 (1956)

In the Matter of the Probate of The Will of Katherine Walther, Deceased. George Walther, Appellant; Karolina W. Barnard, Respondent

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

July 11, 1956.

Attorney(s) appearing for the Case

Sidney B. Coulter for appellant.

John B. Tuck, Jr., for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

Per Curiam.

In this proceeding for the probate of the will, objections were filed and the matter was tried out before the Surrogate and a jury. The jury by its verdict sustained the proponent except as to the third question submitted, viz., whether the testatrix was free from restraint and undue influence. Answering that question, the jury found for the objectant by a 10 to 2 vote. After the verdict was reported, the proponent

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