MATTER OF POTENZA


7 A.D.2d 1005 (1959)

In the Matter of the Probate of The Will of Constance Potenza, Also Known as Constance P. Alessandrello, Deceased. Attilio Mercantini, as Coexecutor of Constance Potenza, Deceased, Appellant; Peter Alessandrello et al., Respondents

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

March 9, 1959


Order reversed, with one bill of $10 costs and disbursements to appellant and respondent Jacobs, payable out of the estate, and matter remitted to the Surrogate's Court for further proceedings not inconsistent herewith.

But for the technical failure on appellant's part to offer into evidence a valid translation of Giovanna Alessandrello's answers to interrogatories returned from Tripoli and an authenticated copy of the marriage certificate, issued in Vittoria, Sicily...

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