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In re the Probate of the Will of Colby

281 A.D. 945 Court N.Y. App. Div. Decision date 1953-03-11 English

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p. 945
In the Matter of the Probate of the Will of Bainbridge Colby, Deceased. Katherine S. Delafield et al., Appellants; Anne Colby, Respondent.

Decree affirmed, with costs. Memorandum: While we agree with appellants that the court erred in the exclusion of certain evidence, we reach the conclusion that if it had been received there would not have been sufficient evidence to present questions of fact to the jury on any of the framed issues. All concur. (Appeal from decree admitting the alleged last will of decedent to probate.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.