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MATTER OF BONNER

23 A.D.2d 747 (1965)

In the Matter of the Probate of The Will of Merritt Bonner, Deceased. William B. Bonner, Appellant; Victor D. Borst, Jr., et al., Respondents

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

April 27, 1965

Decree, admitting a will to probate, affirmed.

BREITEL, J. P. (dissenting).

The decree allowing probate of this mutilated will should be reversed on the law and the facts and probate denied.

The will was found cut in two, irregularly but as if by a pair of scissors. It was allegedly found by one of the proponents among the papers of decedent in a trunk owned by decedent. The first envelope in which the will was contained was similarly...

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