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MATTER OF SCHMIDT

29 A.D.2d 655 (1968)

In the Matter of the Probate of The Will of Bernard Schmidt, Deceased. Marie Schmidt, Respondent; Erna Eckrich et al., Appellants

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

January 8, 1968

Order modified by adding thereto the following as such issues: (a) Did the said Bernard Schmidt know the contents of the paper writing dated January 29, 1963, offered for probate herein; (b) Did the said paper writing dated January 29, 1963 express the testamentary disposition intended by the said Bernard Schmidt. As so modified, order affirmed insofar as appealed from, without costs.

The issues thus added are proper (see, Matter of Lewis,

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