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MATTER OF BONNER

17 N.Y.2d 9 (1966)

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

Court of Appeals of the State of New York.

Decided January 20, 1966.

Attorney(s) appearing for the Case

Vincent J. Andreassi for appellant.

Victor D. Borst, Jr., for respondents.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge KEATING dissents and votes to affirm for the reasons set forth in the opinion of the Surrogate.

FULD, J.

Merritt Bonner died on October 2, 1963 and, a short time thereafter, a 1959 will which had been cut in two was found among his papers. It was contained in an envelope (bearing the legend "Last Will and Testament of Merritt Bonner") also cut in two, and it seems clear that both will and envelope had been severed at the same time. The separate pieces were enclosed in a larger envelope which, though not...

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