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MATTER OF VILLANI

28 A.D.2d 76 (1967)

In the Matter of the Probate of The Will of Joseph Villani, Deceased. Joseph Cohen, as Temporary Administrator of The Estate of Joseph Villani, Deceased, Appellant; Patsy Villani et al., Respondents, et al., Contestant

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

July 6, 1967.

Attorney(s) appearing for the Case

George Naiman of counsel (Joseph Cohen and George Naiman, attorneys), for appellant.

Andrew Perl of counsel (David Mindlin, attorney), for Patsy Villani and another and (Oscar J. Olem, attorney), for Frank Villani and another, respondents.

STEUER and RABIN, JJ., concur with McNALLY, J.; CAPOZZOLI, J., dissents in opinion in which EAGER, J.P., concurs.

McNALLY, J.

This is an appeal from a decree of the Surrogate of Bronx County, based on a jury verdict, denying probate.

The sole question is whether the deceased had testamentary capacity. Proponent was the attorney for the deceased more than 20 years. The propounded will, dated December 29, 1963, and a prior will, dated November 13, 1950, had been drawn by proponent. The witnesses to the propounded will...

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