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MATTER OF FOX

9 A.D.2d 365 (1959)

In the Matter of the Probate of The Will of Albert Fox, Deceased. Herbert W. Fox, Appellant; Isabelle F. Hampton et al., Respondents

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

December 15, 1959.

Attorney(s) appearing for the Case

Shearman & Sterling & Wright (Gerard T. Shevlin of counsel), for appellant.

Kaskell & Schlesinger (Rudolf B. Schlesinger of counsel), for Isabelle F. Hampton, respondent.

BREITEL, J. P., RABIN, M. M. FRANK and STEVENS, JJ., concur.

VALENTE, J.

The question before us is whether a true copy of a paper purporting to be the last will and testament of Albert Fox, who died in Germany in April, 1946, was properly admitted to probate as a lost or destroyed will pursuant to the provisions of section 143 of the Surrogate's Court Act.

The decedent, Albert Fox, was the life income beneficiary and the donee of a power of appointment over the...

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