MATTER OF PALAZZA


20 A.D.2d 542 (1963)

In the Matter of Angelina Palazza, Deceased. Marie Lombardi et al., Appellants; Louis Palazza, Respondent

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

December 2, 1963


Decree reversed on the law and the facts, with costs to the contestants payable out of the estate; and new trial ordered, limited to the issues (numbered four and eight) with respect to the decedent's testamentary capacity.

Pursuant to statute (Surrogate's Ct. Act, § 309), this court directs the entry and recording of the jury's verdict upon such issues as have not been ordered retried. We are satisfied that all issues, other than those numbered four and eight...

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