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MATTER OF ERNST

277 A.D. 589 (1950)

In the Matter of the Probate of The Will of August E. Ernst, Deceased. Frank C. Ernst et al., Appellants; Robert I. Millonzi, as Executor of August E. Ernst, Deceased, Respondent

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

December 28, 1950.

Attorney(s) appearing for the Case

Clayton M. Smith, Regis O'Brien, Harley N. Crosby and Joseph W. Kirkpatrick for appellants.

Harry J. Kelly, Charles Diebold, Jr., and Peter J. Murrett, Jr., for respondent.

Present — TAYLOR, P. J., LOVE, VAUGHAN, KIMBALL, and PIPER, JJ.

Per Curiam.

This is an appeal from that portion of a decree granted by the Surrogate of Erie County admitting to probate the instrument dated May 5, 1947, as the last will and testament of August E. Ernst after a trial of the stated controverted questions in a contest against the admission of the will in Supreme Court, Erie County, before a jury.

On the trial the Trial Justice directed the jury to answer affirmatively...

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