MATTER OF DELANO


38 A.D.2d 769 (1972)

In the Matter of the Probate of The Will of Florence M. Delano, Deceased. Frederick G. Bascom et al., Respondents; Le Roy Delano et al., Appellants

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

January 13, 1972


Appellants object to the probate of the will. They claim reversible error was committed by the trial court when it foreclosed testimony by an attorney, not the attorney who prepared the will and the codicils, of a telephone conversation he had with decedent on February 3, 1968 some three years after the execution of the last codicil. Decedent had called the witness seeking legal advice about her will. Appellants claim the conversation was admissible under CPLR 4503 (subd...

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