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  5. 52 N.Y.2d 193 (1981)
 

MATTER OF SNIDE

52 N.Y.2d 193 (1981)

In the Matter of Harvey Snide, Deceased. Rose Snide, Appellant; David W. Johnson, as Guardian ad Litem of David Snide, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Edward A. Cunningham and Samuel Lawrence Brennglass for appellant.

David W. Johnson for respondent.

Judges JASEN, FUCHSBERG and MEYER concur with Judge WACHTLER; Judge JONES dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

WACHTLER, J.

This case involves the admissibility of a will to probate. The facts are simply stated and are not in dispute. Harvey Snide, the decedent, and his wife, Rose Snide, intending to execute mutual wills at a common execution ceremony, each executed by mistake the will intended for the other. There are no other issues concerning the required formalities of execution (see EPTL 3-2.1), nor is there any...

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