Opinion
Argued October 2, 1946
Decided October 17, 1946
Appeal from the Supreme Court, Appellate Division, First Department, DELEHANTY, S.
John W. Kelly, Woolsey A. Shepard and Vincent L. Pitaro for Frederick L. Chapman, as executor, proponent, appellant and respondent.
Frederick C. McLaughlin for Palmer B. Morrison, contestant, respondent and appellant.
Joseph T. Arenson and Joseph A. Cox for Public Administrator of County of New York, contestant, respondent and appellant.
Order of Appellate Division affirmed, with costs to contestants payable out of the estate. Since probate was properly denied for lack of testamentary capacity, we neither consider nor decide whether the will propounded was procured through undue influence and fraud. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.