MATTER OF LYONS


36 Misc.2d 276 (1962)

In the Matter of The Estate of Gertrude I. Lyons, Deceased.

Surrogate's Court, Westchester County.

August 2, 1962


Attorney(s) appearing for the Case

Morgan, Bagg & Persons (Harold M. Edwards of counsel), for petitioner. Charles B. McGroddy for Holy Name Center for Homeless Men, Inc. Eugene A. Diserio for respondent contestant. James J. O'Connell for Society for the Propagation of the Faith, Inc. James V. Altieri for designated distributees and next of kin. Maxwell & Burke for Oratoire St. Joseph. Frederick E. Shulman, as special guardian.


HARRY G. HERMAN, S.

This contested probate proceeding was tried by the court without a jury. The objections were filed by charities named in a prior will and raised as issues due execution and testamentary capacity as well as fraud and undue influence.

The decedent died on April 20, 1961. She had executed the purported will on April 5, 1961. The attorney, who had been called to draw the instrument by...

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