MATTER OF FICO


169 A.D.2d 832 (1991)

In the Matter of Albina Fico, Deceased. Palma Schneider, Respondent; Josephine Rossano et al., Appellants

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

January 28, 1991


Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellants personally.

On appeal the appellants maintain that the issue of whether the testatrix was aware of the nature and contents of her will should have been submitted to the jury. We disagree. The uncontroverted evidence adduced at trial establishes that the draftsman of the will, who had been the testatrix's attorney for over 40 years, fully explained the provisions of the...

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