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In re Waldron's Will

137 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1912-09-10 English

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p. 1147
In re WALDRON’S WILL.
(Supreme Court, Appellate Division, Second Department.
September 10, 1912.)

Headnote

In the matter of the probate of the last will and testament of Mary A. Waldron, deceased.

Decree of the Surrogate’s-Court of Kings County ( 133 N. Y. Supp. 1104 ) reversed, upon questions of fact, with costs to the finally successful party, payable from the estate, and a trial of the following issues of fact directed to be had, as provided by section 2588 of the Code of Civil Procedure, by a jury at the November term of the Supreme Court in the county of Kings, viz.: (1) Is the signature attached to the alleged will the genuine signature of the deceased, Mary A. Waldron? (2) Was such alleged will executed as required by law?