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MATTER OF KERN

7 Misc.2d 806 (1956)

In the Matter of the Probate of the Will of Anna Kern, Deceased.

Surrogate's Court, Queens County.

November 16, 1956.

Attorney(s) appearing for the Case

Harris Greenberg for Lester Lewin, petitioner.

Thomas Mirabile for William F. Dietz, objectant.

Weller, Rogers, Bergen & Froessel for Ottilie Home for Children.

Otto Easterday for Union Congregational Church.

Maurice Giaimo, special guardian for Donald E. Kern and others, infants.

ANTHONY P. SAVARESE, S.

The instrument propounded here has 19 paragraphs. It is dated the 14th day of April, 1953, and is alleged to have been executed by the testatrix in the presence of three attesting witnesses. Objections were interposed to probate by her brother upon several grounds, one of which was that the instrument was cancelled, obliterated, destroyed, and revoked by the testatrix. The issue of revocation

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