MATTER OF CODY


19 A.D.2d 897 (1963)

In the Matter of William F. Cody, Deceased. Violet H. Cody, Appellant; Helen McPhelin, Respondent

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

November 18, 1963


The contestant, by her brief, has limited the issues on this appeal to testamentary capacity only; the proponent-executrix has not appeared. Decree reversed on the law and the facts, with costs to the contestant payable out of the estate; and new trial ordered limited to the issue of testator'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...

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