MATTER OF VILLANI


25 A.D.2d 838 (1966)

In the Matter of the Probate of The Will of Joseph Villani, Deceased. Patsy Villani et al., Appellants; Joseph Cohen, as Administrator C. T. A. of The Estate of Joseph Villani, Deceased, and Executor of Maria Villani, Deceased, Respondent

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

May 17, 1966


Decree admitting will to probate unanimously reversed, on the law and the facts, with $50 costs and disbursements to abide the event, and the matter remanded for a new trial on the issue of testamentary capacity.

The contestants objected to the probate of the will on the grounds of improper execution, fraud, undue influence and lack of testamentary capacity. After taking the testimony the Surrogate directed a verdict in favor of the proponents admitting the will to...

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