MATTER OF SAGE


88 A.D.2d 980 (1982)

In the Matter of The Estate of William C. Sage, Deceased. Barbara McKasty, Respondent; Elizabeth A. Eldridge, Appellant

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

June 21, 1982


Decree affirmed, with $50 costs and disbursements payable by appellant personally.

In this contested probate proceeding the Surrogate reserved decision on the objectant's motion to dismiss at the close of the proponent's case for failure to make out a prima facie case because only one of the attesting witnesses had testified up to that point. Such deficiency in proof was satisfied by the testimony of the second attesting witness received on the objectant's case (see...

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