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MATTER OF WOMSLEY

30 A.D.2d 866 (1968)

In the Matter of The Estate of Bessie M. Womsley, Deceased. James M. Milano, as Executor of Bessie M. Womsley, Deceased, et al., Appellants; Universal Science of Life Fellowship Corporation et al., Respondents

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

July 22, 1968

As so modified, decree affirmed insofar as appealed from, without costs.

We have amended the pleadings to conform to the proof and thus read the objections of respondents as alleging that the properties at bar were acquired by the fraud and undue influence of appellant James Milano (Cowee v. Cornell, 75 N.Y. 91; Wilco Constr. Corp. v. Prywes, 14 A.D.2d 929; see, 3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3025...

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