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MTR. OF ESTATE OF LAWSON

75 A.D.2d 20 (1980)

In the Matter of The Estate of Nellie E. Lawson, Deceased. George A. Shaffer, Individually and as Executor of Nellie E. Lawson, Deceased, Appellant-Respondent; Molly A. Graham et al., Respondents-Appellants; Grace Church, Appellant. (Appeal No. 1.) In the Matter of The Estate of Nellie E. Lawson, Deceased. George A. Shaffer, Individually and as Executor of Nellie E. Lawson, Deceased, Appellant; Molly A. Graham et al., Respondents; Alexander Kryshchuk, an Infant, Appellant. (Appeal No. 2.)

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

May 23, 1980

Attorney(s) appearing for the Case

Helmer, Shaffer & Johnson (Alderman, Alderman, Samuels & Schepp [Bernard Samuels] of counsel), for George A. Shaffer, appellant-respondent.

Drake & Drake (Charles Drake of counsel), for Molly A. Graham and another, respondents-appellants.

Coupe, Abend & Connors (J. Leo Coupe of counsel), for Grace Church, appellant.

Abelove, Siegel, Abelove & Hester (Norman I. Siegel of counsel), for Alexander Kryshchuk and others, appellants.

CALLAHAN, WITMER and MOULE, JJ., concur.

HANCOCK, JR., J. P.

The proponent appeals from a decree made by the Surrogate of Oneida County after a jury trial dismissing his petition for probate and denying probate to a paper dated October 24, 1975 purporting to be the will of Nellie Lawson. The basis for denial was the jury's finding that the execution of the paper had been caused or procured by the undue influence of the proponent, George A. Shaffer, decedent...

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