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MATTER OF KAUFMANN

11 A.D.2d 759 (1960)

In the Matter of the Probate of The Will of Robert D. Kaufmann, Deceased. Joel S. Kaufmann et al., Appellants; Walter A. Weiss, Respondent

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

July 5, 1960

Special circumstances are demonstrated in this case arising from the long continued personal relationship between the testator and the proponent, who is a stranger to the blood, to indicate that on the issues of testamentary capacity and undue influence affecting the execution of the will, an examination in full scope is warranted. The pragmatic rule (Matter of Frank, 165 Misc. 411, affd. 253 App. Div. 706) limiting such...

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