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MATTER OF SCHMITZ

104 A.D.2d 1039 (1984)

In the Matter of The Estate of Clara M. Schmitz, Deceased. Alan G. Kraemer, Respondent; Mildred Jenniches et al., Appellants

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

October 29, 1984

Decree affirmed, without costs or disbursements.

Objectants, first cousins of the testatrix, have failed to prove by a fair preponderance of the evidence that the proponent draftsman so overpowered and subjugated the mind of the testatrix that the will in question was not an expression of the testatrix's intention (see Matter of Klitgaard, 83 A.D.2d 651). That the sole beneficiary was the proponent's wife was not indicative...

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