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MATTER OF SNIDE

80 A.D.2d 276 (1981)

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

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

May 14, 1981

Attorney(s) appearing for the Case

David W. Johnson for appellant.

Edward A. Cunningham (Samuel Lawrence Brennglass of counsel), for respondent.

SWEENEY, J. P., MAIN, CASEY, MIKOLL and HERLIHY, JJ., concur.

Per Curiam.

When this appeal was first before us, the decree of the Surrogate's Court was reversed, on the law, on the ground that the court improperly admitted to probate purported wills of a husband and wife, identical but for the names of the spouses, each spouse having mistakenly executed the will drawn for the other (74 A.D.2d 930). The Court of Appeals, rejecting our analysis of a long line of New York cases, reversed...

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