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MTR. OF SHINDELL

60 A.D.2d 393 (1977)

In the Matter of The Estate of Dario Shindell, Deceased. Betty S. Hone, Appellant; Spencer Barefoot et al., Respondents

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

December 20, 1977

Attorney(s) appearing for the Case

Michael E. Schoeman of counsel (Williamson & Schoeman, attorneys), for appellant.

Frederick Lubcher of counsel (Fried, Frank, Harris, Shriver & Jacobson, attorneys), for Spencer Barefoot, respondent.

Pamela Anagnos Liapakis of counsel (Lipsig, Sullivan, Mollen & Liapakis, P. C., attorneys), for Anne Baldwin, respondent.

CAPOZZOLI, J., concurs with LANE, J.; KUPFERMAN J. P., concurs in an opinion; LUPIANO, J., dissents in an opinion

LANE, J.

Dario Shindell came to New York City in 1967 when he was age 63. He died in the State of New York on July 9, 1974. Two unwitnessed holographic wills were drawn by the deceased; one was drawn in 1945, while the deceased lived in the State of California; the second was drawn in 1973 while the deceased lived in the State of New York. The validity of either will is dependent upon whether Shindell was a domiciliary...

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