MATTER OF STACER


13 A.D.2d 164 (1961)

In the Matter of the Probate of The Will of Charles E. Stacer, Deceased. Lincoln Rochester Trust Company, Appellant; C. Burton Newman et al., Respondents

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

May 11, 1961.


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Dey (W. Clyde O'Brien and David L. Hoffberg of counsel), for appellant.

Harris, Beach, Keating, Wilcox, Dale & Linowitz (Charles S. Wilcox of counsel), for C. Burton Neuman, respondent.

C. Burton Newman for Blanche E. Shepperd and another, respondents.

All concur. Present — BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


HALPERN, J.

Upon this appeal from a decree denying the probate of a proffered will and codicil, the principal questions raised are (1) whether proof of a prior will was admissible and (2) whether the attorney who prepared the prior will and presided at its execution was barred from testifying concerning it either by section 353 or by section 347 of the Civil Practice Act.

The petitioner-appellant offered...

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