MATTER OF FISH


134 A.D.2d 44 (1987)

In the Matter of The Estate of David R. Fish, Deceased. Lorena Randall et al., Appellants; Jeanette Schafenberg et al., Respondents

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

December 30, 1987


Attorney(s) appearing for the Case

Theodosis J. Totolis (Peter A. Daniels of counsel), for appellants.

Butler, Allen & Clark (David M. Brown of counsel), for respondents.

KANE, J. P., and MIKOLL, J., concur with LEVINE, J.; MAIN and HARVEY, JJ., dissent and vote to reverse in an opinion by HARVEY, J.


LEVINE, J.

On May 14, 1980, decedent, aged 62, while a patient at Syracuse Veterans' Administration Hospital under treatment for rheumatoid arthritis, executed an instrument purporting to be his last will and testament. The will was drawn at the hospital by an attorney who met decedent for the first time on the day of execution, and was witnessed by the wife of decedent's brother Roy and by a physician who was...

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