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MATTER OF TULLY

227 A.D.2d 288 (1996)

642 N.Y.S.2d 878

In the Matter of The Estate of Alice Tully, Also Known as Alice B. Tully, Deceased. James G. McGarry, as Executor, et al., Respondents; Charles Wadsworth, Appellant

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

May 21, 1996

On April 27, 1972, testator executed her will, which provided a general legacy to objectant. On June 5, 1975, testator executed a codicil cancelling the provision granting objectant's legacy, and in its place substituted a legacy to objectant's daughter. Two attorney witnesses to the execution of the codicil testified as to all the required formalities of execution, or that it was the firm's practice to follow those formalities. This satisfied the proponents' burden on the...

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