MATTER OF ROBY


72 A.D.2d 861 (1979)

In the Matter of The Estate of Jane C. Roby, Deceased. Kathryn Vaughan, Appellant; Stanley P. Roby, Respondent

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

November 15, 1979


Jane C. Roby died on February 23, 1978 at the age of 85 and was survived by her sister, Kathryn Vaughan, the sole contestant. In the contested document, decedent left the bulk of her estate to Stanley P. Roby, the proponent, a nephew by marriage. When the instrument was offered for probate, objections were filed by the contestant and a jury trial was held to determine five issues of fact framed by the Surrogate: (1) was the decedent's signature authentic; (2) did decedent...

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