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In re the Probate of the Will of Nowak

270 A.D. 1075 Court N.Y. App. Div. Decision date 1946-06-26 English

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p. 1075
In the Matter of the Probate of the Will of Antoni Nowak, Deceased.

Decree reversed on the facts and a new trial granted, without costs of this appeal to any party, on the ground that the finding that decedent lacked testamentary capacity is against the weight of evidence. All concur. (The decree denies probate to a will, and denies proponent’s motion to set aside the verdict and for a new trial.) Present — Taylor, P. J., Dowling, Harris, Larkin and Love, JJ. [ 183 Misc. 1077 .]

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