MATTER OF LANGBEIN


26 A.D.2d 641 (1966)

In the Matter of The Estate of William Langbein, Deceased. Charles Langbein, Appellant; Edward E. Langbein, Respondent

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

July 5, 1966


Order affirmed, with $10 costs and disbursements payable out of the estate.

No opinion.

Benjamin, J., dissents and votes to reverse the order and to deny contestant's motion, with the following memorandum:

Under all the circumstances of this case, I think the proof sought to be discovered by proponent is relevant, material and necessary on the issues of testamentary capacity and undue influence, since it would support his contentions ...

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