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MATTER OF WINTERS

277 A.D. 24 (1950)

In the Matter of the Probate of The Will of John Winters, Deceased. John M. Winters, Appellant; Henry Winters et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

Attorney(s) appearing for the Case

Herbert A. Trebing of counsel (Elfers & Trebing, attorneys), for appellant.

Irving A. Isaacs of counsel (Smith & Isaacs, attorneys), for Henry Winters and others, respondents.

George H. Berman, special guardian, respondent in person.

DORE and COHN, JJ., concur with CALLAHAN, J.; SHIENTAG, J., dissents in opinion in which VAN VOORHIS, J., concurs.

CALLAHAN, J.

The question for decision on this appeal is whether the instrument offered for probate was validly executed as a will in accordance with the statutory formalities (Decedent Estate Law, § 21).

On April 16, 1945, the propounded paper was originally drawn and signed by the decedent as a memorandum for the guidance of a lawyer in the preparation of a will. The memorandum as drawn contained...

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