MATTER OF MGURDICHIAN


30 A.D.2d 732 (1968)

In the Matter of The Estate of Manpre Mgurdichian, Deceased. Joseph A. Petnel, as Executor of Manpre Mgurdichian, Deceased, Appellant; Albany Hospital, Respondent

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

June 27, 1968


Per Curiam.

Actually, the fact of an autopsy was not proven, but if the testimony relating to it and properly stricken out as hearsay were to be considered, as would be essential to the executor's case, that same evidence would have to be accepted as demonstrating a relative's valid consent to an autopsy. Assuming, however, for purposes of the argument, that an unauthorized autopsy was performed, we have no difficulty in finding that the supposed defense was...

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