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MATTER OF ETOLL

30 A.D.2d 224 (1968)

In the Matter of The Estate of Mauntoura Etoll, Deceased. Marie S. Joseph, Appellant; Ronald Joseph, Respondent

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

June 28, 1968.

Attorney(s) appearing for the Case

James L. Burke for appellant.

Lawrence J. Bizzarro for respondent.

HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur.

GIBSON, P. J.

Appeal is taken from so much of a decree of the Surrogate's Court of Rensselaer County as (1) granted proponent's motion pursuant to CPLR 4404 (subd. [a]) to set aside a verdict which found that at the time of the execution of a propounded codicil to decedent's last will and testament, decedent was not of sound mind and memory and (2) admitted said codicil to probate.

Decedent's will, dated...

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