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MATTER OF MacDONALD

40 N.Y.2d 995 (1976)

In the Matter of The Estate of Clara R. MacDonald, Deceased. Edith W. MacDonald, Appellant; Joseph Nolan, Respondent.

Court of Appeals of the State of New York.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Elmer L. Fingar and Gerald Nolan for appellant.

Stephen Holden, III, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Although the hearsay testimony of the attorney-draftsman would, under usual circumstances, be inadmissible (see Matter of Kennedy, 167 N.Y. 163; Matter of Staiger, 243 N.Y. 468, 472) the same might be received in the absence of objection (Matter of Findlay, 253 N.Y. 1, 11). The Surrogate considered this testimony in his finding that the proof offered was insufficient to rebut the presumption...

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