MATTER OF FLYNN


71 A.D.2d 891 (1979)

In the Matter of The Estate of Frank F. Flynn, Deceased. Edward J. Connolly, Respondent; Frank M. Flynn, Appellant

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

August 13, 1979


Decree reversed, on the law, and new trial granted on the issue of whether the testator lacked testamentary capacity, with costs to abide the event payable out of the estate.

On June 22, 1977 the decedent, 84 years of age, executed a will by which he left three quarters of the residue of his estate to his son Edward R. Flynn, and one quarter to his son Frank M. Flynn. Edward J. Connolly, the decedent's attorney and the drafter of the will, was named executor thereof...

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