Order, entered on December 3, 1964, granting respondent's motion to dismiss the first and second affirmative defenses contained in petitioner's reply to the amended objections, unanimously affirmed, without costs and without disbursements.
The Statute of Frauds could properly be asserted as a defense if the cause of action lay in contract and if the relief sought were to enforce "a contract to bequeath property or make a testamentary provision." (General Obligations...
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