MATTER OF MALLORY


29 A.D.2d 583 (1967)

In the Matter of the Probate of The Will of Nora H. Mallory, Deceased. Ruth W. Walton, Respondent; Langdon W. Walrath et al., Appellants

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

December 15, 1967


REYNOLDS, J.

Contestants, a niece and nephew of the decedent, objected to the probate of the will on the grounds that it was not duly executed in accordance with section 21 of the Decedent Estate Law, that it was procured by fraud, duress or undue influence and that decedent was not of sound mind and memory when she made the will. At the end of the contestants' case the Trial Judge, relying on Matter of Walther (6 N.Y.2d 49

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