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MATTER OF ROCCA

59 A.D.2d 891 (1977)

In the Matter of The Estate of Carmine Della Rocca, Deceased. Rosaria Della Rocca, Appellant; Michele Della Rocca, Respondent

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

November 7, 1977

Decree reversed, on the law, with costs to both parties payable out of the estate (see SCPA 2304, subd 1, par [b], cls [i], [iii]; subd 3), and new trial granted.

At the trial the proponent offered the testimony of the two subscribing witnesses to the will. They testified to all of the statutory requirements for the proper execution of the document. However, the objectant offered as proof the testimony of a handwriting expert...

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