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MATTER OF DIX

17 A.D.2d 42 (1962)

In the Matter of the Probate of The Will of Monroe L. Dix, Deceased. David C. Anchin, Appellant; Rose Selby, Respondent

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

July 19, 1962.

Attorney(s) appearing for the Case

Kadel, Wilson & Potts (Samuel Gottlieb of counsel), for appellant.

Krause, Hirsch, Gross & Heilpern (George J. Hirsch of counsel), for respondent.

Morris, Dillon & Schrade (Edward G. Dillon of counsel), for Elynor M. Dix, amicus curiæ.

COON, J. P., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

In this contest the Surrogate submitted to the jury seven framed issues. The first three dealt only with the manual signature and execution. The fourth dealt with mental competency. The last three dealt with undue influence, fraud and restraint. The Surrogate directed the jury to answer the first three framed issues in the affirmative. The record justifies this ruling because there is no dispute about the...

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