MATTER OF MICHALSKI


52 A.D.2d 663 (1976)

In the Matter of The Estate of John Michalski, Sr., Deceased. Mary Mastalong et al., Appellants; John Michalski, Jr., et al., Respondents

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

April 8, 1976


Objections involving undue influence and lack of testamentary capacity were filed by three of his surviving daughters and the matter was thereafter transferred to the County Court of Saratoga County for a jury trial on issues framed by the Surrogate. Upon the failure of the contestants to appear when the matter was reached for trial on May 19, 1969, an order was made dismissing their objections and, on the same day, a decree was entered admitting the decedent's will to probate...

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