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MATTER OF RUSH

38 Misc.2d 45 (1962)

In the Matter of The Estate of Thomas R. Rush, Deceased.

Surrogate's Court, New York County.

November 12, 1962

Attorney(s) appearing for the Case

Francis J. Coughlin for Margaret Rush, petitioner. Alfred F. Sica, as special guardian for Thomas Rush and others, infants, respondents.

JOSEPH A. COX, S.

The widow of the decedent petitions for probate of a testamentary instrument allegedly fraudulently destroyed in the decedent's lifetime (Surrogate's Ct. Act, §143). It has been established that the instrument was validly executed as a will, that the testator was competent and that he was not under restraint (Surrogate's Ct. Act, § 144).

Since the instrument was in the testator...

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