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MATTER OF KIRWAN

55 A.D.2d 582 (1976)

In the Matter of The Estate of Andrew D. Kirwan, Deceased. Anne Dubonnet, Appellant; David Weisberg et al., Respondents

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

December 23, 1976

A reading of the Surrogate's charge to the jury warrants the conclusion that it was not tainted with error on the question of the mental capacity of the decedent as urged by the objectant-appellant. Further, a psychiatrist testified to statements made to him by decedent on June 5 and June 6, 1972 pertaining to a conversation between decedent and his stepbrother. The stepbrother's endeavor to testify with respect to these statements...

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