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Matter of Egan

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1934
241 App. Div. 819 (N.Y. App. Div. 1934)

Opinion

April, 1934.


Decree of the Surrogate's Court of Kings county, in so far as appealed from, reversed on the law and a new trial ordered, with costs to appellants, payable out of the estate, to abide the event. Dr. Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent. ( Wyse v. Wyse, 155 N.Y. 367; Matter of McCullough, 226 App. Div. 680.) Lazansky, P.J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.


Summaries of

Matter of Egan

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1934
241 App. Div. 819 (N.Y. App. Div. 1934)
Case details for

Matter of Egan

Case Details

Full title:In the Matter of the Petition of MARY EGAN to Prove the Last Will and…

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

Date published: Apr 1, 1934

Citations

241 App. Div. 819 (N.Y. App. Div. 1934)

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