MATTER OF DONOVAN


47 A.D.2d 923 (1975)

In the Matter of The Estate of John A. Donovan, Deceased. Joseph P. McGlinn, Appellant-Respondent; Vincent S. Donovan, Respondent-Appellant

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

April 21, 1975


Appeal from the decision dismissed.

No appeal lies from a decision. Decree reversed insofar as appealed from, and order reversed, on the law and the facts and in the interest of justice, and new trial granted as to the framed issues of testamentary capacity and undue influence, with costs to abide the event, payable out of the estate. The special verdict that the testator was not competent to dispose of his property at the time of his execution of the purported will...

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