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MATTER OF COTTONE

49 A.D.2d 940 (1975)

In the Matter of The Estate of Josephine Cottone, Also Known as Giuseppina Cottone, Deceased. Benjamin Cottone, Appellant; Dorothy Fernandez, Respondent

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

October 28, 1975

Decree reversed, on the law and the facts, with costs to petitioner payable out of the estate and proceeding remanded to the Surrogate's Court, on the law, with directions to admit the propounded instrument to probate and for further proceedings.

The special verdict to the effect that testatrix lacked testamentary capacity is without foundation in the record. The evidence reveals that the testatrix was a woman who, despite...

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