MATTER OF KING


74 Misc.2d 61 (1973)

In the Matter of The Estate of John J. King, Sr., Deceased.

Surrogate's Court, Orange County.

March 14, 1973


Attorney(s) appearing for the Case

Tischler & Egan (Thomas F. Egan of counsel), for petitioner. William H. Fitzgerald for respondents.


IRVING A. GREEN, J.

A petition for leave to abandon a probate proceeding in this court has the following history:

Objections to the probate of a written instrument, dated July 16, 1971, and executed in due form as a last will, were filed by a distributee son of the decedent. Such objections are in the usual form and consist of allegations of restraint upon the testator, fraud and undue influence, as well as lack of testamentary capacity and mistake...

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