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MATTER OF McLEAN

23 Misc.2d 850 (1960)

In the Matter of the Probate of the Will of Louise McLean, Deceased.

Surrogate's Court, Nassau County.

April 6, 1960.

Attorney(s) appearing for the Case

Robert J. Finan and Jacob J. Pincus for Louis Checola.

James J. McDonough, as special guardian for unknowns, incompetents and/or infants.

William Cocks, Jr., for Beverly S. Vander Poel, claimant.

Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer of counsel), for State of New York.

JOHN D. BENNETT, S.

This is a contested probate proceeding in which the special guardian of the unknown heirs filed objections to probate upon the grounds of fraud and undue influence and also upon the ground that the testatrix revoked, or attempted to revoke, the instrument offered for probate.

The proceeding was brought on for trial before this court without a jury. The proponent has put in his prima...

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