Decree unanimously reversed, without costs, and motion denied.
Memorandum:
This is an appeal from a decree of Surrogate Court which granted contestant's motion for summary judgment denying probate of a will of Floyd Alden dated June 28, 1974 for lack of due execution (EPTL 3-2.1). Following a SCPA 1404 hearing, contestant, John Alden, filed objections to the will offered by proponent Miriam Alden and served a motion for summary judgment to deny probate. After...
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