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MATTER OF SATTERLEE

2 N.Y.2d 285 (1957)

In the Matter of the Probate of the Will of Eleanor M. Satterlee, Deceased. Mabel S. Ingalls, Appellant; Sol A. Rosenblatt et al., Respondents.

Court of Appeals of the State of New York.

Decided January 24, 1957.

Attorney(s) appearing for the Case

John P. McGrath, Marland Gale and Robert Thrun for appellant.

Simon H. Rifkind, Martin Kleinbard and Arthur B. Frommer for Sol A. Rosenblatt, respondent.

DYE, FULD and BURKE, JJ., concur with DESMOND, J.; FROESSEL, J., dissents in an opinion in which CONWAY, Ch. J., concurs; VAN VOORHIS, J., taking no part.

DESMOND, J.

In this twice-tried contest over the will of Eleanor Morgan Satterlee, the contestant is Mable S. Ingalls, sister and only next of kin of the testatrix. She appeals by our leave from an Appellate Division affirmance of a Surrogate's decree which was entered following a jury trial and which admitted to probate the whole of the will except the residuary clause. The residuary legatee was respondent Rosenblatt...

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