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MATTER OF SMITH

7 A.D.2d 211 (1959)

In the Matter of the Probate of The Will of Mirona B. Smith, Deceased. Robert W. Fraser, Jr., et al., Appellants-Respondents; Public Administrator of New York County et al., Respondents-Appellants

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

February 3, 1959.

Attorney(s) appearing for the Case

James N. Vaughan of counsel (Edwin Kaufman, attorney), for Robert W. Fraser, Jr., and another, appellants-respondents.

Joseph T. Arenson of counsel (Joseph T. Arenson, attorney), for Public Administrator; (Louis J. Lefkowitz, Attorney-General, by Howard F. Danihy); Burton T. Ryan, special guardian, respondents-appellants.

RABIN, J. P., VALENTE, McNALLY and BERGAN, JJ., concur.

Per Curiam.

Decree affirmed, with costs to all parties filing briefs payable out of the estate.

This is a proceeding for the probate of a paper writing dated August 24, 1955 purported to be the last will and testament of Mirona B. Smith, an 88-year-old widow, with no known relatives. The Public Administrator, the Attorney-General and the special guardian filed verified objections. The objections denied due execution and testamentary capacity and asserted...

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