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  5. 14 A.D.2d 411 (1961)
 

MATTER OF KAUFMANN

14 A.D.2d 411 (1961)

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

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

November 30, 1961.

Attorney(s) appearing for the Case

Milton Pollack of counsel (Irving K. Rubin with him on the brief; Milton Pollack and Norman W. Schur, attorneys), for appellant.

Milton W. Levy of counsel (John W. Castles, III, with him on the brief; Lord, Day & Lord, attorneys), for Joel S. Kaufmann and another, respondents.

Leon Herzfeld, as special guardian for Richard Kaufmann and another, infants, respondent in person.

VALENTE, STEVENS and EAGER, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion in which RABIN, J. P., concurs.

Per Curiam.

This appeal is taken by the executor, and principal beneficiary named in decedent's will which has been denied probate after a jury trial.

The record here indicates a very careful and competent handling by the learned Surrogate of a difficult and lengthy trial, but, in our opinion, based now upon a posttrial consideration of the record as a whole, errors have crept in which were calculated to and...

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