MATTER OF ROBINSON


26 A.D.2d 306 (1966)

In the Matter of The Estate of Oliver L. Robinson, Deceased. Allen Robinson, Appellant; Alphonse Robinson, Respondent

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

October 27, 1966.


Attorney(s) appearing for the Case

Irving E. Yelowcin for appellant.

William Payton Smith for respondent.

BOTEIN, P. J., BREITEL, McNALLY and BASTOW, JJ., concur.


STEUER, J.

The decedent had two brothers, Alphonse and Allen. On December 4, 1964, he duly executed a will in which he left all his property to his brother Alphonse and named him executor. The will further provided that if Alphonse predecease the testator, the estate should go to Allen, who, in that event, was to be executor. The will consisted of four typewritten pages and a cover, which were fastened together...

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