MATTER OF McCANN


19 A.D.2d 837 (1963)

In the Matter of The Estate of Douglas E. McCann, Sr., Deceased. Douglas E. McCann, Jr., et al., Appellants; Dixon Allo, as Executor of Douglas E. McCann, Sr., Deceased, Respondent

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

October 21, 1963


Decree reversed on the law and the facts, with costs to the contestants payable out of the estate; contestants' motion to set aside the jury's verdict and to deny probate to the propounded instrument granted; verdict set aside, petition dismissed, probate denied and letters of administration reinstated as matter of law; and proceeding remitted to the Surrogate's Court for the entry of a decree accordingly.

In our opinion, the evidence is insufficient to support the...

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