MATTER OF DEBOUT


35 A.D.2d 1067 (1970)

In the Matter of The Estate of Susan D. Debout, Deceased. Lucile Gabel, Appellant; Susan M. Dignen et al., Respondents

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

December 3, 1970


Decrees insofar as appealed from unanimously reversed on the law and facts, with costs to all parties filing briefs, payable out of the estate, and matter remitted to Surrogate's Court, Steuben County, for further proceedings in accordance with the following memorandum:

On the basis of testimony received without objection to a conversation the witness had with testatrix prior to the preparation of her will, the Surrogate has concluded that a bequest of "any particular...

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