MATTER OF NATHONS


12 A.D.2d 663 (1960)

In the Matter of the Probate of The Will of Martha M. Nathons, Deceased. Luvina Barbaro, Appellant; John C. Glenn, as Public Administrator of Queens County, Respondent

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

December 27, 1960


Decree modified on the law and the facts: (1) by striking out from the fourth decretal paragraph the provision adjudicating "that the purported instrument was the result of undue influence exercised by Luvina Barbaro, the residuary legatee;" and (2) by substituting therefor a contrary adjudication. As thus modified, the decree insofar as appealed from is affirmed, with costs to all parties filing briefs, payable out of the estate. Findings of fact inconsistent herewith are...

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