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MATTER OF ASHLEY

33 A.D.2d 1023 (1970)

In the Matter of The Estate of Emmeline Ashley, Deceased. Milton A. Galamison, Appellant; John A. Sisman, Respondent

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

February 2, 1970

Decree affirmed insofar as appealed from, without costs.

No opinion.

Hopkins and Munder, JJ., dissent and vote to reverse the decree insofar as appealed from and to grant probate to the propounded will, with the following memorandum:

The Surrogate directed that the following three issues be tried before an advisory jury (CPLR 4212; SCPA 502, subd. 6): (1) whether the decedent possessed testamentary capacity to execute the will offered for probate;...

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