Decree reversed, on the facts and in the interest of justice, and proceeding remanded to the Surrogate's Court for a new hearing, with costs to abide the event.
The Surrogate's decision was contrary to the weight of the evidence. Furthermore, it appears that the result reached was based, in large part, upon the assumption that the objectant had, in fact, been bequeathed one fourth of the estate's assets. This assumption is unsupported by the record. Accordingly, a...
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