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MATTER OF BROGGELWIRTH

283 A.D. 727 (1954)

In the Matter of the Probate of The Will of Emanuel Broggelwirth, Deceased. Ethel Glaspy et al., Appellants; Alfred E. Broggelwirth, Respondent

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

February 8, 1954.

Decree of the Surrogate's Court, Nassau County, unanimously affirmed, with costs.

The question of revocation is considered a preliminary matter to be decided by the court without a jury as a matter of law. It involves the application of the provisions of section 34 of the Decedent Estate Law. (Matter of Tremain, 257 App. Div. 996, affd. 282 N.Y. 485; Matter of Cook, 244 N.Y. 63; Matter of Erlanger, 136 Misc. 784, affd. 229 App. Div. 778; Matter...

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