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MATTER OF WALTHER

6 N.Y.2d 49 (1959)

In the Matter of the Probate of the Will of Katherine Walther, Deceased. Karolina W. Barnard, Appellant; George Walther, Respondent.

Court of Appeals of the State of New York.

Decided May 21, 1959.

Attorney(s) appearing for the Case

Victor Levine for appellant.

Sidney B. Coulter for respondent.

Judges DESMOND, DYE, FULD and FROESSEL concur with Judge BURKE; Chief Judge CONWAY and Judge VAN VOORHIS dissent and vote to affirm.

BURKE, J.

The decedent, an incompetent, executed a will 16 months before her death, in which she bequeathed her residuary estate to her sister, the proponent. The family of the decedent consists of her sister; three brothers residing in Germany; a predeceased brother; four nephews, three of whom reside in this country and two nieces, both residing here. One of the nephews...

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