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MTR. OF COFFED

59 A.D.2d 297 (1977)

In the Matter of The Estate of Earl J. Coffed, Jr., Deceased

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

November 14, 1977

Attorney(s) appearing for the Case

Leonard W. M. Zingler for appellant.

Brown & LeBlanc (Norman A. LeBlanc, Jr., of counsel), for respondent.

MOULE, J. P., DILLON and DENMAN, JJ., concur; GOLDMAN, J., not participating.

CARDAMONE, J.

Appellant, Edwin Waley, Jr., stepson of Earl J. Coffed, Jr., deceased, appeals from a decree of the Erie County Surrogate's Court which denied probate to deceased's last will dated September 22, 1971 upon the objection of deceased's natural son, David E. Coffed, respondent. The decree appealed from must be reversed and the will admitted to probate.

On August 12, 1944 the deceased married...

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