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MATTER OF TRACY

221 A.D.2d 643 (1995)

634 N.Y.S.2d 198

In the Matter of The Estate of William J. Tracy, Deceased. William T. Tracy et al., Appellants; Robert E. Steinberg et al., Respondents

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

November 27, 1995

Ordered that the order and decree is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs, payable by the appellants personally.

The Surrogate's Court properly set aside the jury's verdict that Dorothy Ennis Tracy lacked testamentary capacity. The appellants never refuted the testimony of the subscribing witnesses that the testatrix was alert, and of sound mind, memory and understanding...

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