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OURSLER v. ARMSTRONG

8 A.D.2d 194 (1959)

William C. Oursler et al., Respondents, v. April O. Armstrong et al., Individually and as Executors of Grace Oursler, Deceased, et al., Appellants

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

June 4, 1959.

Attorney(s) appearing for the Case

Woodson D. Scott of counsel (Edmund P. Rogers, Jr., with him on the brief; Lord, Day & Lord, attorneys), for appellants.

Arthur N. Field of counsel (Irving Brown and Eugene L. Levy with him on the brief; H. Donald Sills and Karl S. Lowenthal, attorneys), for respondents.

BREITEL, J. P., RABIN and McNALLY, JJ., concur with BERGAN, J.; M. M. FRANK, J., dissents in opinion.

BERGAN, J.

On March 16, 1951 Fulton Oursler, a noted writer and editor, and his wife Grace executed wills at the same time and before the same attesting witnesses. In the testamentary dispositions with which we are concerned in this litigation, the wills were identical.

Fulton had been married previously. He had two children in his first marriage; he had two children in his marriage with Grace. His will...

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