In re the Will of Goeb

265 A.D. 865 Court N.Y. App. Div. Decision date 1942-11-09 English

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p. 865

In the Matter of the Will of George Goeb, Deceased. George Goeb, Jr., as Executor of George Goeb, Deceased, Appellant; Mary G. Prina et al., Respondents.

The weight of the evidence establishes that the testator was possessed of testamentary capacity at the time of the execution of the instrument in suit, and that it should be admitted as his will. Lazansky, P. J., Johnston and Taylor, JJ., concur; Adel and Close, JJ., dissent and vote to affirm.