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Matter of Izydorczak

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1955
285 App. Div. 1011 (N.Y. App. Div. 1955)

Opinion

March 16, 1955.

Appeal from Erie Surrogate's Court.

Present — McCurn, P.J., Vaughan, Kimball, Piper and Van Duser, JJ.


Decree reversed on the law, without costs of this appeal to any party, and a new trial granted. Memorandum: It was error for the Surrogate to allow proponent to prove declarations of the testatrix to establish the continued existence of her will shown otherwise to have been executed. ( Matter of Kennedy, 167 N.Y. 163. ) All concur.


Summaries of

Matter of Izydorczak

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1955
285 App. Div. 1011 (N.Y. App. Div. 1955)
Case details for

Matter of Izydorczak

Case Details

Full title:In the Matter of the Probate of the Will of KATHERINE IZYDORCZAK, Also…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 16, 1955

Citations

285 App. Div. 1011 (N.Y. App. Div. 1955)