Decree unanimously reversed on the law and facts, with costs payable out of the estate, and matter remitted to Onondaga Surrogate's Court for further proceedings in accordance with the following memorandum: Appellant, a named beneficiary of a substantial share of her aunt's estate, made application to have a right of election declared void upon the ground that the surviving husband was incompetent at the time the election was filed. The Surrogate, without a testimonial hearing...
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